Bill Text: NY S04682 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Passed) 2021-09-06 - SIGNED CHAP.421 [S04682 Detail]

Download: New_York-2021-S04682-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4682--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 8, 2021
                                       ___________

        Introduced  by  Sens. KENNEDY, BAILEY, BRESLIN, COMRIE, GAUGHRAN, HARCK-
          HAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, LIU, MYRIE, PERSAUD,  REICH-
          LIN-MELNICK, SALAZAR, SAVINO, SKOUFIS -- read twice and ordered print-
          ed,   and   when   printed   to  be  committed  to  the  Committee  on
          Transportation  --  committee  discharged,   bill   amended,   ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to establishing a demonstration program implementing speed
          violation  monitoring systems in work zones by means of photo devices;
          and providing for the repeal of such provisions upon expiration there-
          of

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
     2  law, as separately amended by sections 1 of chapters 145 and 148 of  the
     3  laws of 2019, is amended to read as follows:
     4    1.  Notwithstanding any inconsistent provision of any general, special
     5  or local law or administrative code to the contrary, in any  city  which
     6  heretofore  or  hereafter  is  authorized to establish an administrative
     7  tribunal to hear and determine complaints of traffic infractions consti-
     8  tuting parking, standing or stopping violations, or  to  adjudicate  the
     9  liability  of owners for violations of subdivision (d) of section eleven
    10  hundred eleven of this chapter in accordance with section eleven hundred
    11  eleven-a of this chapter, or to adjudicate the liability of  owners  for
    12  violations  of  subdivision (d) of section eleven hundred eleven of this
    13  chapter in accordance with sections  eleven  hundred  eleven-b  of  this
    14  chapter [as added by sections sixteen of chapters twenty, and twenty-two
    15  of  the  laws  of  two thousand nine,] or to adjudicate the liability of
    16  owners for violations of subdivision (d) of section eleven hundred elev-
    17  en of this chapter in accordance with section eleven hundred eleven-d of
    18  this chapter, or to adjudicate the liability of owners for violations of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02181-03-1

        S. 4682--A                          2

     1  section eleven hundred seventy-four of this chapter in  accordance  with
     2  section  eleven hundred seventy-four-a of this chapter, or to adjudicate
     3  the liability of owners for violations of  subdivision  (d)  of  section
     4  eleven  hundred eleven of this chapter in accordance with section eleven
     5  hundred eleven-e of this chapter, or  to  adjudicate  the  liability  of
     6  owners  for  violations of toll collection regulations as defined in and
     7  in accordance with the provisions of section two thousand  nine  hundred
     8  eighty-five  of  the  public  authorities  law  and  sections sixteen-a,
     9  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    10  laws  of nineteen hundred fifty, or to adjudicate liability of owners in
    11  accordance with section eleven hundred  eleven-c  of  this  chapter  for
    12  violations  of bus lane restrictions as defined in subdivision (b), (c),
    13  (d), (f) or (g) of such section,  or  to  adjudicate  the  liability  of
    14  owners  for  violations of section eleven hundred eighty of this chapter
    15  in accordance with section eleven hundred eighty-b of this  chapter,  or
    16  to  adjudicate  the liability of owners for violations of section eleven
    17  hundred eighty of this chapter in accordance with section eleven hundred
    18  eighty-d of this chapter, or to adjudicate the liability of  owners  for
    19  violations  of  section eleven hundred eighty of this chapter in accord-
    20  ance with section eleven hundred eighty-e of this chapter, such tribunal
    21  and the rules and regulations pertaining thereto shall be constituted in
    22  substantial conformance with the following sections.
    23    § 1-a. Subdivision 1 of section 235 of the vehicle and traffic law, as
    24  amended by section 1 of chapter 145 of the laws of 2019, is  amended  to
    25  read as follows:
    26    1.  Notwithstanding any inconsistent provision of any general, special
    27  or local law or administrative code to the contrary, in any  city  which
    28  heretofore  or  hereafter  is  authorized to establish an administrative
    29  tribunal to hear and determine complaints of traffic infractions consti-
    30  tuting parking, standing or stopping violations, or  to  adjudicate  the
    31  liability  of owners for violations of subdivision (d) of section eleven
    32  hundred eleven of this chapter in accordance with section eleven hundred
    33  eleven-a of this chapter, or to adjudicate the liability of  owners  for
    34  violations  of  subdivision (d) of section eleven hundred eleven of this
    35  chapter in accordance with sections  eleven  hundred  eleven-b  of  this
    36  chapter  as added by sections sixteen of chapters twenty, and twenty-two
    37  of the laws of two thousand nine, or  to  adjudicate  the  liability  of
    38  owners for violations of subdivision (d) of section eleven hundred elev-
    39  en of this chapter in accordance with section eleven hundred eleven-d of
    40  this chapter, or to adjudicate the liability of owners for violations of
    41  section  eleven  hundred seventy-four of this chapter in accordance with
    42  section eleven hundred seventy-four-a of this chapter, or to  adjudicate
    43  the  liability  of  owners  for violations of subdivision (d) of section
    44  eleven hundred eleven of this chapter in accordance with section  eleven
    45  hundred  eleven-e  of  this  chapter,  or to adjudicate the liability of
    46  owners for violations of toll collection regulations as defined  in  and
    47  in  accordance  with the provisions of section two thousand nine hundred
    48  eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
    49  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    50  laws of nineteen hundred fifty, or to adjudicate liability of owners  in
    51  accordance  with  section  eleven  hundred  eleven-c of this chapter for
    52  violations of bus lane restrictions as defined in subdivision (b),  (c),
    53  (d),  (f)  or  (g)  of  such  section, or to adjudicate the liability of
    54  owners for violations of section eleven hundred eighty of  this  chapter
    55  in  accordance  with section eleven hundred eighty-b of this chapter, or
    56  to adjudicate the liability of owners for violations of  section  eleven

        S. 4682--A                          3

     1  hundred eighty of this chapter in accordance with section eleven hundred
     2  eighty-e  of  this  chapter, such tribunal and the rules and regulations
     3  pertaining thereto shall be constituted in substantial conformance  with
     4  the following sections.
     5    §  1-b.  Section  235  of  the  vehicle and traffic law, as separately
     6  amended by sections 1-a of chapters 145 and 148 of the laws of 2019,  is
     7  amended to read as follows:
     8    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
     9  general, special or local law or administrative code to the contrary, in
    10  any  city  which  heretofore  or hereafter is authorized to establish an
    11  administrative tribunal to hear  and  determine  complaints  of  traffic
    12  infractions constituting parking, standing or stopping violations, or to
    13  adjudicate  the liability of owners for violations of subdivision (d) of
    14  section eleven hundred eleven of this chapter in accordance with section
    15  eleven hundred eleven-a of this chapter, or to adjudicate the  liability
    16  of  owners  for  violations of subdivision (d) of section eleven hundred
    17  eleven of this  chapter  in  accordance  with  sections  eleven  hundred
    18  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    19  ty, and twenty-two of the laws of two thousand nine,  or  to  adjudicate
    20  the  liability  of  owners  for violations of subdivision (d) of section
    21  eleven hundred eleven of this chapter in accordance with section  eleven
    22  hundred  eleven-d  of  this  chapter,  or to adjudicate the liability of
    23  owners for violations of subdivision (d) of section eleven hundred elev-
    24  en of this chapter in accordance with section eleven hundred eleven-e of
    25  this chapter, or to adjudicate the liability of owners for violations of
    26  section eleven hundred seventy-four of this chapter in  accordance  with
    27  section  eleven hundred seventy-four-a of this chapter, or to adjudicate
    28  the liability of owners for violations of toll collection regulations as
    29  defined in and in accordance with the provisions of section two thousand
    30  nine hundred eighty-five of the  public  authorities  law  and  sections
    31  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    32  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
    33  owners in accordance with section eleven hundred eleven-c of this  chap-
    34  ter  for violations of bus lane restrictions as defined in such section,
    35  or to adjudicate the liability of owners for violations  of  subdivision
    36  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    37  ter  in accordance with section eleven hundred eighty-b of this chapter,
    38  or to adjudicate the liability of owners for violations  of  subdivision
    39  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    40  ter  in accordance with section eleven hundred eighty-d of this chapter,
    41  or to adjudicate the liability of owners for violations  of  subdivision
    42  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    43  accordance  with  section  eleven hundred eighty-e of this chapter, such
    44  tribunal and the rules  and  regulations  pertaining  thereto  shall  be
    45  constituted in substantial conformance with the following sections.
    46    §  1-c.  Section  235  of  the  vehicle and traffic law, as separately
    47  amended by sections 1-b of chapters 145 and 148 of the laws of 2019,  is
    48  amended to read as follows:
    49    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    50  general, special or local law or administrative code to the contrary, in
    51  any  city  which  heretofore  or hereafter is authorized to establish an
    52  administrative tribunal to hear  and  determine  complaints  of  traffic
    53  infractions constituting parking, standing or stopping violations, or to
    54  adjudicate  the liability of owners for violations of subdivision (d) of
    55  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
    56  sections  eleven  hundred  eleven-b of this chapter as added by sections

        S. 4682--A                          4

     1  sixteen of chapters twenty, and twenty-two of the laws of  two  thousand
     2  nine,  or to adjudicate the liability of owners for violations of subdi-
     3  vision (d) of section eleven hundred eleven of this chapter  in  accord-
     4  ance with section eleven hundred eleven-d of this chapter, or to adjudi-
     5  cate  the  liability  of  owners  for  violations  of subdivision (d) of
     6  section eleven hundred eleven of this chapter in accordance with section
     7  eleven hundred eleven-e of this chapter, or to adjudicate the  liability
     8  of  owners for violations of section eleven hundred seventy-four of this
     9  chapter in accordance with section eleven hundred seventy-four-a of this
    10  chapter, or to adjudicate the liability of owners for violations of toll
    11  collection  regulations  as  defined  in  and  in  accordance  with  the
    12  provisions  of  section  two  thousand  nine  hundred eighty-five of the
    13  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
    14  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
    15  fifty, or to adjudicate liability of owners in accordance  with  section
    16  eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
    17  restrictions as defined in such section, or to adjudicate the  liability
    18  of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
    19  section eleven hundred eighty of this chapter in accordance with section
    20  eleven hundred eighty-b of this chapter, or to adjudicate the  liability
    21  of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
    22  section eleven hundred eighty of this chapter in accordance with section
    23  eleven hundred eighty-d of this chapter, or to adjudicate the  liability
    24  of  owners for violations of subdivision (b), (d), (f) or (g) of section
    25  eleven hundred eighty of this chapter in accordance with section  eleven
    26  hundred  eighty-e of this chapter, such tribunal and the rules and regu-
    27  lations pertaining thereto shall be constituted in substantial  conform-
    28  ance with the following sections.
    29    §  1-d.  Section  235  of  the  vehicle and traffic law, as separately
    30  amended by sections 1-c of chapters 145 and 148 of the laws of 2019,  is
    31  amended to read as follows:
    32    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    33  general, special or local law or administrative code to the contrary, in
    34  any  city  which  heretofore  or hereafter is authorized to establish an
    35  administrative tribunal to hear  and  determine  complaints  of  traffic
    36  infractions constituting parking, standing or stopping violations, or to
    37  adjudicate  the liability of owners for violations of subdivision (d) of
    38  section eleven hundred eleven of this chapter in accordance with section
    39  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    40  of  owners  for  violations of subdivision (d) of section eleven hundred
    41  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    42  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    43  violations of section eleven hundred seventy-four  of  this  chapter  in
    44  accordance  with  section eleven hundred seventy-four-a of this chapter,
    45  or to  adjudicate  the  liability  of  owners  for  violations  of  toll
    46  collection  regulations  as  defined  in  and  in  accordance  with  the
    47  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    48  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    49  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    50  fifty,  or  to adjudicate liability of owners in accordance with section
    51  eleven hundred eleven-c of this  chapter  for  violations  of  bus  lane
    52  restrictions  as defined in such section, or to adjudicate the liability
    53  of owners for violations of subdivision (b), (c), (d),  (f)  or  (g)  of
    54  section eleven hundred eighty of this chapter in accordance with section
    55  eleven  hundred eighty-b of this chapter, or to adjudicate the liability
    56  of owners for violations of subdivision (b), (c), (d),  (f)  or  (g)  of

        S. 4682--A                          5

     1  section eleven hundred eighty of this chapter in accordance with section
     2  eleven  hundred eighty-d of this chapter, or to adjudicate the liability
     3  of owners for violations of subdivision (b), (d), (f) or (g) of  section
     4  eleven  hundred eighty of this chapter in accordance with section eleven
     5  hundred eighty-e of this chapter, such tribunal and the rules and  regu-
     6  lations  pertaining thereto shall be constituted in substantial conform-
     7  ance with the following sections.
     8    § 1-e. Section 235 of the  vehicle  and  traffic  law,  as  separately
     9  amended  by sections 1-d of chapters 145 and 148 of the laws of 2019, is
    10  amended to read as follows:
    11    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    12  general, special or local law or administrative code to the contrary, in
    13  any city which heretofore or hereafter is  authorized  to  establish  an
    14  administrative  tribunal  to  hear  and  determine complaints of traffic
    15  infractions constituting parking, standing or stopping violations, or to
    16  adjudicate the liability of owners for violations of subdivision (d)  of
    17  section eleven hundred eleven of this chapter in accordance with section
    18  eleven  hundred eleven-d of this chapter, or to adjudicate the liability
    19  of owners for violations of subdivision (d) of  section  eleven  hundred
    20  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    21  eleven-e of this chapter, or to adjudicate the liability of  owners  for
    22  violations  of  section  eleven  hundred seventy-four of this chapter in
    23  accordance with section eleven hundred seventy-four-a of  this  chapter,
    24  or  to  adjudicate  the  liability  of  owners  for  violations  of toll
    25  collection  regulations  as  defined  in  and  in  accordance  with  the
    26  provisions  of  section  two  thousand  nine  hundred eighty-five of the
    27  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
    28  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
    29  fifty, or to adjudicate liability of owners for violations  of  subdivi-
    30  sions  (c)  and  (d) of section eleven hundred eighty of this chapter in
    31  accordance with section eleven hundred eighty-b of this chapter,  or  to
    32  adjudicate  the  liability  of owners for violations of subdivision (b),
    33  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    34  accordance with section eleven hundred eighty-d of this chapter,  or  to
    35  adjudicate  the  liability  of owners for violations of subdivision (b),
    36  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
    37  accordance  with  section  eleven hundred eighty-e of this chapter, such
    38  tribunal and the rules  and  regulations  pertaining  thereto  shall  be
    39  constituted in substantial conformance with the following sections.
    40    §  1-f.  Section  235  of  the  vehicle and traffic law, as separately
    41  amended by sections 1-e of chapters 145 and 148 of the laws of 2019,  is
    42  amended to read as follows:
    43    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    44  general, special or local law or administrative code to the contrary, in
    45  any  city  which  heretofore  or hereafter is authorized to establish an
    46  administrative tribunal to hear  and  determine  complaints  of  traffic
    47  infractions constituting parking, standing or stopping violations, or to
    48  adjudicate  the liability of owners for violations of subdivision (d) of
    49  section eleven hundred eleven of this chapter in accordance with section
    50  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    51  of  owners  for  violations of subdivision (d) of section eleven hundred
    52  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    53  eleven-e  of  this chapter, or to adjudicate the liability of owners for
    54  violations of section eleven hundred seventy-four  of  this  chapter  in
    55  accordance  with  section eleven hundred seventy-four-a of this chapter,
    56  or to  adjudicate  the  liability  of  owners  for  violations  of  toll

        S. 4682--A                          6

     1  collection  regulations  as  defined  in  and  in  accordance  with  the
     2  provisions of section two  thousand  nine  hundred  eighty-five  of  the
     3  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
     4  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
     5  fifty, or to adjudicate the liability of owners for violations of subdi-
     6  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
     7  this  chapter in accordance with section eleven hundred eighty-d of this
     8  chapter, or to adjudicate the liability  of  owners  for  violations  of
     9  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    10  this chapter in accordance with section eleven hundred eighty-e of  this
    11  chapter,  such tribunal and the rules and regulations pertaining thereto
    12  shall be constituted  in  substantial  conformance  with  the  following
    13  sections.
    14    §  1-g.  Section  235  of  the  vehicle and traffic law, as separately
    15  amended by sections 1-f of chapters 145 and 148 of the laws of 2019,  is
    16  amended to read as follows:
    17    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    18  general, special or local law or administrative code to the contrary, in
    19  any  city  which  heretofore  or hereafter is authorized to establish an
    20  administrative tribunal to hear  and  determine  complaints  of  traffic
    21  infractions constituting parking, standing or stopping violations, or to
    22  adjudicate  the liability of owners for violations of subdivision (d) of
    23  section eleven hundred eleven of this chapter in accordance with section
    24  eleven hundred eleven-e of this chapter, or to adjudicate the  liability
    25  of  owners for violations of section eleven hundred seventy-four of this
    26  chapter in accordance with section eleven hundred seventy-four-a of this
    27  chapter, or to adjudicate the liability of owners for violations of toll
    28  collection  regulations  as  defined  in  and  in  accordance  with  the
    29  provisions  of  section  two  thousand  nine  hundred eighty-five of the
    30  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
    31  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
    32  fifty, or to adjudicate the liability of owners for violations of subdi-
    33  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    34  this  chapter in accordance with section eleven hundred eighty-d of this
    35  chapter, or to adjudicate the liability  of  owners  for  violations  of
    36  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    37  this chapter in accordance with section eleven hundred eighty-e of  this
    38  chapter,  such tribunal and the rules and regulations pertaining thereto
    39  shall be constituted  in  substantial  conformance  with  the  following
    40  sections.
    41    §  1-h.  Section  235  of  the  vehicle and traffic law, as separately
    42  amended by sections 1-g of chapters 145 and 148 of the laws of 2019,  is
    43  amended to read as follows:
    44    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    45  general, special or local law or administrative code to the contrary, in
    46  any  city  which  heretofore  or hereafter is authorized to establish an
    47  administrative tribunal to hear  and  determine  complaints  of  traffic
    48  infractions constituting parking, standing or stopping violations, or to
    49  adjudicate  the  liability  of  owners  for violations of section eleven
    50  hundred seventy-four of this chapter in accordance with  section  eleven
    51  hundred  seventy-four-a  of this chapter, or to adjudicate the liability
    52  of owners for violations of toll collection regulations  as  defined  in
    53  and  in  accordance  with  the  provisions  of section two thousand nine
    54  hundred  eighty-five  of  the  public  authorities  law   and   sections
    55  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    56  of the laws of nineteen hundred fifty, or to adjudicate the liability of

        S. 4682--A                          7

     1  owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of
     2  section eleven hundred eighty of this chapter in accordance with section
     3  eleven hundred eighty-d of this chapter, or to adjudicate the  liability
     4  of  owners for violations of subdivision (b), (d), (f) or (g) of section
     5  eleven hundred eighty of this chapter in accordance with section  eleven
     6  hundred  eighty-e of this chapter, such tribunal and the rules and regu-
     7  lations pertaining thereto shall be constituted in substantial  conform-
     8  ance with the following sections.
     9    §  1-i.  Section  235  of  the  vehicle and traffic law, as separately
    10  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
    11  of 1992, is amended to read as follows:
    12    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    13  general, special or local law or administrative code to the contrary, in
    14  any  city  which  heretofore  or hereafter is authorized to establish an
    15  administrative tribunal to hear  and  determine  complaints  of  traffic
    16  infractions constituting parking, standing or stopping violations, or to
    17  adjudicate  the  liability  of  owners for violations of toll collection
    18  regulations as defined in and  in  accordance  with  the  provisions  of
    19  section  two thousand nine hundred eighty-five of the public authorities
    20  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    21  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-
    22  dicate the liability of owners for violations of subdivision  (b),  (d),
    23  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    24  ance with section eleven hundred eighty-e of this chapter, such tribunal
    25  and the rules and regulations pertaining thereto shall be constituted in
    26  substantial conformance with the following sections.
    27    § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    28  separately  amended by sections 2 of chapters 145 and 148 of the laws of
    29  2019, is amended to read as follows:
    30    1. Creation. In any city as hereinbefore or hereafter authorized  such
    31  tribunal  when  created  shall be known as the parking violations bureau
    32  and shall have jurisdiction of traffic infractions  which  constitute  a
    33  parking violation and, where authorized by local law adopted pursuant to
    34  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
    35  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
    36  added by sections sixteen of chapters twenty, and twenty-two of the laws
    37  of  two  thousand  nine,  or  subdivision  (a) of section eleven hundred
    38  eleven-d of this chapter, or subdivision (a) of section  eleven  hundred
    39  eleven-e  of  this chapter, or subdivision (a) of section eleven hundred
    40  seventy-four-a of this chapter, shall adjudicate the liability of owners
    41  for violations of subdivision (d) of section eleven  hundred  eleven  of
    42  this  chapter  in  accordance with such section eleven hundred eleven-a,
    43  sections eleven hundred eleven-b as added by sections sixteen  of  chap-
    44  ters twenty, and twenty-two of the laws of two thousand nine, or section
    45  eleven  hundred  eleven-d  or  section eleven hundred eleven-e and shall
    46  adjudicate the liability of owners for  violations  of  toll  collection
    47  regulations  as  defined  in  and  in  accordance with the provisions of
    48  section two thousand nine hundred eighty-five of the public  authorities
    49  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    50  hundred seventy-four of the laws of nineteen  hundred  fifty  and  shall
    51  adjudicate liability of owners in accordance with section eleven hundred
    52  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
    53  defined in such section and shall  adjudicate  liability  of  owners  in
    54  accordance  with  section  eleven hundred seventy-four-a of this chapter
    55  for violations of section eleven hundred seventy-four  of  this  chapter
    56  and  shall adjudicate the liability of owners for violations of subdivi-

        S. 4682--A                          8

     1  sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
     2  chapter in accordance with section eleven hundred eighty-b of this chap-
     3  ter  and  shall  adjudicate  the  liability  of owners for violations of
     4  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
     5  of this chapter in accordance with section eleven  hundred  eighty-d  of
     6  this   chapter,  and  shall  adjudicate  the  liability  of  owners  for
     7  violations of subdivision (b), (d), (f) or (g) of section eleven hundred
     8  eighty of this chapter in accordance with section eleven hundred  eight-
     9  y-e  of this chapter.  Such tribunal, except in a city with a population
    10  of one million or more, shall also have jurisdiction of abandoned  vehi-
    11  cle violations. For the purposes of this article, a parking violation is
    12  the violation of any law, rule or regulation providing for or regulating
    13  the parking, stopping or standing of a vehicle. In addition for purposes
    14  of  this article, "commissioner" shall mean and include the commissioner
    15  of traffic of the city or an official possessing  authority  as  such  a
    16  commissioner.
    17    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    18  amended  by  section 2 of chapter 145 of the laws of 2019, is amended to
    19  read as follows:
    20    1. Creation. In any city as hereinbefore or hereafter authorized  such
    21  tribunal  when  created  shall be known as the parking violations bureau
    22  and shall have jurisdiction of traffic infractions  which  constitute  a
    23  parking violation and, where authorized by local law adopted pursuant to
    24  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
    25  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
    26  added by sections sixteen of chapters twenty, and twenty-two of the laws
    27  of  two  thousand  nine,  or  subdivision  (a) of section eleven hundred
    28  eleven-d of this chapter, or subdivision (a) of section  eleven  hundred
    29  eleven-e  of  this chapter, or subdivision (a) of section eleven hundred
    30  seventy-four-a of this chapter, shall adjudicate the liability of owners
    31  for violations of subdivision (d) of section eleven  hundred  eleven  of
    32  this  chapter  in  accordance with such section eleven hundred eleven-a,
    33  sections eleven hundred eleven-b as added by sections sixteen  of  chap-
    34  ters twenty, and twenty-two of the laws of two thousand nine, or section
    35  eleven  hundred  eleven-d  or  section eleven hundred eleven-e and shall
    36  adjudicate the liability of owners for  violations  of  toll  collection
    37  regulations  as  defined  in  and  in  accordance with the provisions of
    38  section two thousand nine hundred eighty-five of the public  authorities
    39  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    40  hundred seventy-four of the laws of nineteen  hundred  fifty  and  shall
    41  adjudicate liability of owners in accordance with section eleven hundred
    42  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
    43  defined in such section and shall  adjudicate  liability  of  owners  in
    44  accordance  with  section  eleven hundred seventy-four-a of this chapter
    45  for violations of section eleven hundred seventy-four  of  this  chapter
    46  and  shall adjudicate the liability of owners for violations of subdivi-
    47  sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
    48  chapter in accordance with section eleven hundred eighty-b of this chap-
    49  ter,  and  shall  adjudicate  the  liability of owners for violations of
    50  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    51  this  chapter in accordance with section eleven hundred eighty-e of this
    52  chapter.   Such tribunal, except in a city  with  a  population  of  one
    53  million  or  more,  shall  also  have  jurisdiction of abandoned vehicle
    54  violations. For the purposes of this article, a parking violation is the
    55  violation of any law, rule or regulation providing for or regulating the
    56  parking, stopping or standing of a vehicle. In addition for purposes  of

        S. 4682--A                          9

     1  this  article, "commissioner" shall mean and include the commissioner of
     2  traffic of the city or  an  official  possessing  authority  as  such  a
     3  commissioner.
     4    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
     5  separately  amended  by sections 2-a of chapters 145 and 148 of the laws
     6  of 2019, is amended to read as follows:
     7    1. Creation. In any city as hereinbefore or hereafter authorized  such
     8  tribunal  when  created  shall be known as the parking violations bureau
     9  and shall have jurisdiction of traffic infractions  which  constitute  a
    10  parking violation and, where authorized by local law adopted pursuant to
    11  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
    12  added by sections sixteen of chapters twenty, and twenty-two of the laws
    13  of two thousand nine, or  subdivision  (a)  of  section  eleven  hundred
    14  eleven-d  of  this chapter, or subdivision (a) of section eleven hundred
    15  eleven-e of this chapter, or subdivision (a) of section  eleven  hundred
    16  seventy-four-a of this chapter, shall adjudicate the liability of owners
    17  for  violations  of  subdivision (d) of section eleven hundred eleven of
    18  this chapter in accordance with such sections eleven hundred eleven-b as
    19  added by sections sixteen of chapters twenty, and twenty-two of the laws
    20  of two thousand nine or section eleven hundred eleven-d or section elev-
    21  en hundred eleven-e; and shall adjudicate liability of owners in accord-
    22  ance with section eleven hundred eleven-c of this chapter for violations
    23  of bus lane restrictions as defined in such section and shall adjudicate
    24  liability of owners in accordance with section eleven  hundred  seventy-
    25  four-a  of  this chapter for violations of section eleven hundred seven-
    26  ty-four of this chapter and shall adjudicate  liability  of  owners  for
    27  violations  of subdivisions (c) and (d) of section eleven hundred eighty
    28  of this chapter in accordance with section eleven  hundred  eighty-b  of
    29  this chapter and shall adjudicate the liability of owners for violations
    30  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    31  eighty of this chapter in accordance with section eleven hundred  eight-
    32  y-d  of  this  chapter,  shall  adjudicate  the  liability of owners for
    33  violations of subdivision (b), (d), (f) or (g) of section eleven hundred
    34  eighty of this chapter in accordance with section eleven hundred  eight-
    35  y-e  of  this  chapter.    For  the  purposes of this article, a parking
    36  violation is the violation of any law, rule or regulation providing  for
    37  or  regulating  the parking, stopping or standing of a vehicle. In addi-
    38  tion for purposes of this article, "commissioner" shall mean and include
    39  the commissioner of traffic  of  the  city  or  an  official  possessing
    40  authority as such a commissioner.
    41    § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
    42  separately  amended  by sections 2-b of chapters 145 and 148 of the laws
    43  of 2019, is amended to read as follows:
    44    1. Creation. In any city as hereinbefore or hereafter authorized  such
    45  tribunal  when  created  shall be known as the parking violations bureau
    46  and shall have jurisdiction of traffic infractions  which  constitute  a
    47  parking violation and, where authorized by local law adopted pursuant to
    48  subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
    49  section  eleven  hundred eleven-e of this chapter, or subdivision (a) of
    50  section eleven hundred seventy-four-a of this chapter, shall  adjudicate
    51  liability  of  owners in accordance with section eleven hundred eleven-c
    52  of this chapter for violations of bus lane restrictions  as  defined  in
    53  such   section;  and  shall  adjudicate  the  liability  of  owners  for
    54  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
    55  hundred eighty of this chapter in accordance with section eleven hundred
    56  eighty-b  of  this chapter; and shall adjudicate the liability of owners

        S. 4682--A                         10

     1  for violations of subdivision (b), (d), (f) or  (g)  of  section  eleven
     2  hundred eighty of this chapter in accordance with section eleven hundred
     3  eighty-d  of  this chapter, and shall adjudicate the liability of owners
     4  for  violations  of  subdivision  (b), (d), (f) or (g) of section eleven
     5  hundred eighty of this chapter in accordance with section eleven hundred
     6  eighty-e of this chapter.  For the purposes of this article,  a  parking
     7  violation  is the violation of any law, rule or regulation providing for
     8  or regulating the parking, stopping or standing of a vehicle.  In  addi-
     9  tion for purposes of this article, "commissioner" shall mean and include
    10  the  commissioner  of  traffic  of  the  city  or an official possessing
    11  authority as such a commissioner.
    12    § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
    13  separately amended by sections 2-c of chapters 145 and 148 of  the  laws
    14  of 2019, is amended to read as follows:
    15    1.  Creation. In any city as hereinbefore or hereafter authorized such
    16  tribunal when created shall be known as the  parking  violations  bureau
    17  and,  where  authorized by local law adopted pursuant to subdivision (a)
    18  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    19  section eleven hundred eleven-e of this chapter, or subdivision  (a)  of
    20  section eleven hundred seventy-four-a of this chapter, shall have juris-
    21  diction  of traffic infractions which constitute a parking violation and
    22  shall adjudicate the liability of owners for violations  of  subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    24  ter  in  accordance with section eleven hundred eighty-b of this chapter
    25  and shall adjudicate the liability of owners for violations of  subdivi-
    26  sion  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
    27  chapter in accordance with section eleven hundred eighty-d of this chap-
    28  ter, and shall adjudicate the liability  of  owners  for  violations  of
    29  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    30  this chapter in accordance with section eleven hundred eighty-e of  this
    31  chapter.    For the purposes of this article, a parking violation is the
    32  violation of any law, rule or regulation providing for or regulating the
    33  parking, stopping or standing of a vehicle. In addition for purposes  of
    34  this  article, "commissioner" shall mean and include the commissioner of
    35  traffic of the city or  an  official  possessing  authority  as  such  a
    36  commissioner.
    37    § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
    38  separately  amended  by sections 2-d of chapters 145 and 148 of the laws
    39  of 2019, is amended to read as follows:
    40    1. Creation. In any city as hereinbefore or hereafter authorized  such
    41  tribunal  when  created  shall be known as the parking violations bureau
    42  and, where authorized by local law adopted pursuant to  subdivision  (a)
    43  of section eleven hundred eleven-d of this chapter or subdivision (a) of
    44  section  eleven  hundred eleven-e of this chapter, or subdivision (a) of
    45  section eleven hundred seventy-four-a of this chapter, shall have juris-
    46  diction of traffic infractions which constitute a parking violation  and
    47  shall  adjudicate  the liability of owners for violations of subdivision
    48  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    49  ter in accordance with section eleven hundred eighty-d of this  chapter,
    50  and  shall adjudicate the liability of owners for violations of subdivi-
    51  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
    52  ter in accordance with section eleven hundred eighty-e of this  chapter.
    53  For  the  purposes of this article, a parking violation is the violation
    54  of any law, rule or regulation providing for or regulating the  parking,
    55  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    56  article, "commissioner" shall mean and include the commissioner of traf-

        S. 4682--A                         11

     1  fic of the city or an official possessing authority as  such  a  commis-
     2  sioner.
     3    § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
     4  separately  amended  by sections 2-e of chapters 145 and 148 of the laws
     5  of 2019, is amended to read as follows:
     6    1. Creation. In any city as hereinbefore or hereafter authorized  such
     7  tribunal  when  created  shall be known as the parking violations bureau
     8  and where authorized by local law adopted pursuant to subdivision (a) of
     9  section eleven hundred eleven-e or subdivision  (a)  of  section  eleven
    10  hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
    11  fic  infractions  which constitute a parking violation and shall adjudi-
    12  cate the liability of owners for violations  of  subdivision  (b),  (c),
    13  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    14  accordance with section eleven hundred eighty-d  of  this  chapter,  and
    15  shall  adjudicate  the liability of owners for violations of subdivision
    16  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    17  accordance with section eleven hundred eighty-e of this  chapter.    For
    18  the  purposes  of  this article, a parking violation is the violation of
    19  any law, rule or regulation providing for  or  regulating  the  parking,
    20  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    21  article, "commissioner" shall mean and include the commissioner of traf-
    22  fic of the city or an official possessing authority as  such  a  commis-
    23  sioner.
    24    § 2-g. Subdivision 1 of section 236 of the vehicle and traffic law, as
    25  separately  amended  by sections 2-f of chapters 145 and 148 of the laws
    26  of 2019, is amended to read as follows:
    27    1. Creation. In any city as hereinbefore or hereafter authorized  such
    28  tribunal  when  created  shall be known as the parking violations bureau
    29  and where authorized by local law adopted pursuant to subdivision (a) of
    30  section eleven hundred seventy-four-a of this chapter, shall have juris-
    31  diction of traffic infractions which constitute a parking violation  and
    32  shall  adjudicate  the liability of owners for violations of subdivision
    33  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    34  ter in accordance with section eleven hundred eighty-d of this  chapter,
    35  and  shall adjudicate the liability of owners for violations of subdivi-
    36  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
    37  ter in accordance with section eleven hundred eighty-e of this  chapter.
    38  For  the  purposes of this article, a parking violation is the violation
    39  of any law, rule or regulation providing for or regulating the  parking,
    40  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    41  article, "commissioner" shall mean and include the commissioner of traf-
    42  fic of the city or an official possessing authority as  such  a  commis-
    43  sioner.
    44    § 2-h. Subdivision 1 of section 236 of the vehicle and traffic law, as
    45  added by chapter 715 of the laws of 1972, is amended to read as follows:
    46    1.  Creation. In any city as hereinbefore or hereafter authorized such
    47  tribunal when created shall be known as the  parking  violations  bureau
    48  and  shall  have  jurisdiction of traffic infractions which constitute a
    49  parking violation and, where authorized by local law adopted pursuant to
    50  section eleven hundred eighty-e of this chapter,  shall  adjudicate  the
    51  liability  of  owners for violations of subdivision (b), (d), (f) or (g)
    52  of section eleven hundred eighty of  this  chapter  in  accordance  with
    53  section  eleven  hundred  eighty-e  of this chapter. For the purposes of
    54  this article, a parking violation is the violation of any law,  rule  or
    55  regulation providing for or regulating the parking, stopping or standing
    56  of  a  vehicle. In addition for purposes of this article, "commissioner"

        S. 4682--A                         12

     1  shall mean and include the commissioner of traffic of  the  city  or  an
     2  official possessing authority as such a commissioner.
     3    § 3. Section 237 of the vehicle and traffic law is amended by adding a
     4  new subdivision 17 to read as follows:
     5    17.  To  adjudicate the liability of owners for violations of subdivi-
     6  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
     7  ter in accordance with section eleven hundred eighty-e of this chapter.
     8    § 4. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
     9  traffic law, as separately amended by sections 4 of chapters 145 and 148
    10  of the laws of 2019, is amended to read as follows:
    11    f.  "Notice  of  violation"  means a notice of violation as defined in
    12  subdivision nine of section two hundred thirty-seven  of  this  article,
    13  but shall not be deemed to include a notice of liability issued pursuant
    14  to  authorization  set  forth in section eleven hundred eleven-a of this
    15  chapter, or sections eleven hundred eleven-b of this chapter as added by
    16  sections sixteen of chapters twenty, and twenty-two of the laws  of  two
    17  thousand  nine,  or  section eleven hundred eleven-d of this chapter, or
    18  section eleven hundred eleven-e  of  this  chapter,  or  section  eleven
    19  hundred  seventy-four-a  of  this  chapter,  and  shall not be deemed to
    20  include a notice of liability issued pursuant to  section  two  thousand
    21  nine  hundred  eighty-five  of  the  public authorities law and sections
    22  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    23  of the laws of nineteen hundred fifty and shall not be deemed to include
    24  a notice of liability issued pursuant to section eleven hundred eleven-c
    25  of this chapter and shall not be deemed to include a notice of liability
    26  issued pursuant to section eleven hundred eighty-b of this  chapter  and
    27  shall  not be deemed to include a notice of liability issued pursuant to
    28  section eleven hundred eighty-d of this chapter and shall not be  deemed
    29  to  include  a  notice  of  liability  issued pursuant to section eleven
    30  hundred eighty-e of this chapter.
    31    § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    32  traffic law, as amended by section 4 of chapter 145 of the laws of 2019,
    33  is amended to read as follows:
    34    f.  "Notice  of  violation"  means a notice of violation as defined in
    35  subdivision nine of section two hundred thirty-seven  of  this  article,
    36  but shall not be deemed to include a notice of liability issued pursuant
    37  to  authorization  set  forth in section eleven hundred eleven-a of this
    38  chapter, or sections eleven hundred eleven-b of this chapter as added by
    39  sections sixteen of chapters twenty, and twenty-two of the laws  of  two
    40  thousand  nine,  or  section eleven hundred eleven-d of this chapter, or
    41  section eleven hundred eleven-e  of  this  chapter,  or  section  eleven
    42  hundred  seventy-four-a  of  this  chapter,  and  shall not be deemed to
    43  include a notice of liability issued pursuant to  section  two  thousand
    44  nine  hundred  eighty-five  of  the  public authorities law and sections
    45  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    46  of the laws of nineteen hundred fifty and shall not be deemed to include
    47  a notice of liability issued pursuant to section eleven hundred eleven-c
    48  of this chapter and shall not be deemed to include a notice of liability
    49  issued pursuant to section eleven hundred eighty-b of this chapter,  and
    50  shall  not be deemed to include a notice of liability issued pursuant to
    51  section eleven hundred eighty-e of this chapter.
    52    § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    53  traffic  law,  as separately amended by sections 4-a of chapters 145 and
    54  148 of the laws of 2019, is amended to read as follows:
    55    f. "Notice of violation" means a notice of  violation  as  defined  in
    56  subdivision nine of section two hundred thirty-seven of this article but

        S. 4682--A                         13

     1  shall  not be deemed to include a notice of liability issued pursuant to
     2  authorization set forth in sections  eleven  hundred  eleven-b  of  this
     3  chapter  as added by sections sixteen of chapters twenty, and twenty-two
     4  of  the laws of two thousand nine, or section eleven hundred eleven-d of
     5  this chapter, or section eleven hundred  eleven-e  of  this  chapter  or
     6  section  eleven  hundred seventy-four-a of this chapter and shall not be
     7  deemed to include a notice of liability issued pursuant to section elev-
     8  en hundred eleven-c of this chapter and shall not be deemed to include a
     9  notice of liability issued pursuant to section eleven  hundred  eighty-b
    10  of this chapter and shall not be deemed to include a notice of liability
    11  issued  pursuant to section eleven hundred eighty-d of this chapter, and
    12  shall not be deemed to include a notice of liability issued pursuant  to
    13  section eleven hundred eighty-e of this chapter.
    14    §  4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
    15  traffic law, as separately amended by sections 4-b of chapters  145  and
    16  148 of the laws of 2019, is amended to read as follows:
    17    f.  "Notice  of  violation"  means a notice of violation as defined in
    18  subdivision nine of section two hundred thirty-seven of this article and
    19  shall not be deemed to include a notice of liability issued pursuant  to
    20  authorization set forth in section eleven hundred eleven-d of this chap-
    21  ter  or  to  a  notice of liability issued pursuant to authorization set
    22  forth in section eleven hundred eleven-e of this chapter or to a  notice
    23  of liability issued pursuant to authorization set forth in section elev-
    24  en  hundred  seventy-four-a  of  this chapter and shall not be deemed to
    25  include a notice of liability issued pursuant to section eleven  hundred
    26  eleven-c  of this chapter and shall not be deemed to include a notice of
    27  liability issued pursuant to section eleven  hundred  eighty-b  of  this
    28  chapter  and shall not be deemed to include a notice of liability issued
    29  pursuant to section eleven hundred eighty-d of this chapter,  and  shall
    30  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    31  section eleven hundred eighty-e of this chapter.
    32    § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    33  traffic  law,  as separately amended by sections 4-c of chapters 145 and
    34  148 of the laws of 2019, is amended to read as follows:
    35    f. "Notice of violation" means a notice of  violation  as  defined  in
    36  subdivision nine of section two hundred thirty-seven of this article and
    37  shall  not be deemed to include a notice of liability issued pursuant to
    38  authorization set forth in section eleven hundred eleven-d of this chap-
    39  ter or to a notice of liability issued  pursuant  to  authorization  set
    40  forth  in section eleven hundred eleven-e of this chapter or to a notice
    41  of liability issued pursuant to authorization set forth in section elev-
    42  en hundred seventy-four-a of this chapter and shall  not  be  deemed  to
    43  include  a notice of liability issued pursuant to section eleven hundred
    44  eighty-b of this chapter and shall not be deemed to include a notice  of
    45  liability  issued  pursuant  to  section eleven hundred eighty-d of this
    46  chapter, and shall not be deemed to include a notice of liability issued
    47  pursuant to section eleven hundred eighty-e of this chapter.
    48    § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    49  traffic  law,  as separately amended by sections 4-d of chapters 145 and
    50  148 of the laws of 2019, is amended to read as follows:
    51    f. "Notice of violation" means a notice of  violation  as  defined  in
    52  subdivision nine of section two hundred thirty-seven of this article and
    53  shall  not be deemed to include a notice of liability issued pursuant to
    54  authorization set forth in section eleven hundred eleven-d of this chap-
    55  ter or to a notice of liability issued  pursuant  to  authorization  set
    56  forth  in section eleven hundred eleven-e of this chapter or to a notice

        S. 4682--A                         14

     1  of liability issued pursuant to authorization set forth in section elev-
     2  en hundred seventy-four-a of this chapter and shall  not  be  deemed  to
     3  include  a notice of liability issued pursuant to section eleven hundred
     4  eighty-d of this chapter, and shall not be deemed to include a notice of
     5  liability  issued  pursuant  to  section eleven hundred eighty-e of this
     6  chapter.
     7    § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle  and
     8  traffic  law,  as separately amended by sections 4-e of chapters 145 and
     9  148 of the laws of 2019, is amended to read as follows:
    10    f. "Notice of violation" means a notice of  violation  as  defined  in
    11  subdivision nine of section two hundred thirty-seven of this article and
    12  shall  not be deemed to include a notice of liability issued pursuant to
    13  authorization set forth in section eleven hundred eleven-e of this chap-
    14  ter or to a notice of liability issued  pursuant  to  authorization  set
    15  forth in section eleven hundred seventy-four-a of this chapter and shall
    16  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    17  section eleven hundred eighty-d of this chapter, and shall not be deemed
    18  to include a notice of  liability  issued  pursuant  to  section  eleven
    19  hundred eighty-e of this chapter.
    20    §  4-g. Paragraph f of subdivision 1 of section 239 of the vehicle and
    21  traffic law, as separately amended by sections 4-f of chapters  145  and
    22  148 of the laws of 2019, is amended to read as follows:
    23    f.  "Notice  of  violation"  means a notice of violation as defined in
    24  subdivision nine of section two hundred thirty-seven of this article and
    25  shall not be deemed to include a notice of liability issued pursuant  to
    26  authorization set forth in section eleven hundred seventy-four-a of this
    27  chapter  and shall not be deemed to include a notice of liability issued
    28  pursuant to section eleven hundred eighty-d of this chapter,  and  shall
    29  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    30  section eleven hundred eighty-e of this chapter.
    31    § 4-h. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    32  traffic  law, as added by chapter 180 of the laws of 1980, is amended to
    33  read as follows:
    34    f. "Notice of violation" means a notice of  violation  as  defined  in
    35  subdivision  nine  of  section two hundred thirty-seven of this article,
    36  but shall not be deemed to include a notice of liability issued pursuant
    37  to authorization set forth in section eleven hundred  eighty-e  of  this
    38  chapter.
    39    §  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    40  law, as separately amended by sections 5 of chapters 145 and 148 of  the
    41  laws of 2019, are amended to read as follows:
    42    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    43  violation enters a plea of not guilty or a person alleged to  be  liable
    44  in  accordance  with  section eleven hundred eleven-a of this chapter or
    45  sections eleven hundred eleven-b of this chapter as  added  by  sections
    46  sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
    47  nine or section eleven hundred eleven-d of this  chapter,    or  section
    48  eleven  hundred  eleven-e  of  this  chapter,  or section eleven hundred
    49  seventy-four-a of this chapter, for a violation of  subdivision  (d)  of
    50  section  eleven hundred eleven of this chapter contests such allegation,
    51  or a person alleged to be liable in accordance with  the  provisions  of
    52  section  two thousand nine hundred eighty-five of the public authorities
    53  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    54  hundred  seventy-four of the laws of nineteen hundred fifty, or a person
    55  alleged to be liable in accordance with the provisions of section eleven
    56  hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane

        S. 4682--A                         15

     1  restriction  as  defined  in such section contests such allegation, or a
     2  person alleged to be liable in accordance with the provisions of section
     3  eleven hundred eighty-b of this chapter for a violation  of  subdivision
     4  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     5  ter  contests  such  allegation,  or  a  person  alleged to be liable in
     6  accordance with the provisions of section  eleven  hundred  eighty-d  of
     7  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
     8  section  eleven hundred eighty of this chapter contests such allegation,
     9  or a person alleged to be liable in accordance with  the  provisions  of
    10  section  eleven  hundred  eighty-e  of  this  chapter for a violation of
    11  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    12  this  chapter  contests  such  allegation  the  bureau shall advise such
    13  person personally by such form of first class mail as the  director  may
    14  direct  of  the date on which he or she must appear to answer the charge
    15  at a hearing. The form and content of such notice of  hearing  shall  be
    16  prescribed  by  the  director, and shall contain a warning to advise the
    17  person so pleading or contesting that failure  to  appear  on  the  date
    18  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
    19  admission of liability, and that a default judgment may be entered ther-
    20  eon.
    21    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    22  entered, or the bureau has been notified that an allegation of liability
    23  in  accordance  with  section eleven hundred eleven-a of this chapter or
    24  sections eleven hundred eleven-b of this chapter [as added  by  sections
    25  sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
    26  nine] or section eleven hundred eleven-d  of  this  chapter  or  section
    27  eleven hundred eleven-e of this chapter or section eleven hundred seven-
    28  ty-four-a  of  this  chapter or an allegation of liability in accordance
    29  with section two thousand nine hundred eighty-five of the public author-
    30  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    31  seven  hundred  seventy-four of the laws of nineteen hundred fifty or an
    32  allegation of  liability  in  accordance  with  section  eleven  hundred
    33  eleven-c  of  this  chapter  or an allegation of liability in accordance
    34  with section eleven hundred eighty-b of this chapter or an allegation of
    35  liability in accordance with section eleven  hundred  eighty-d  of  this
    36  chapter, or an allegation of liability in accordance with section eleven
    37  hundred  eighty-e  of  this chapter is being contested, by a person in a
    38  timely fashion and a hearing upon the merits has been demanded, but  has
    39  not  yet  been  held,  the  bureau shall not issue any notice of fine or
    40  penalty to that person prior to the date of the hearing.
    41    § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    42  fic law, as amended by section 5 of chapter 145 of the laws of 2019, are
    43  amended to read as follows:
    44    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    45  violation enters a plea of not guilty or a person alleged to  be  liable
    46  in  accordance  with  section eleven hundred eleven-a of this chapter or
    47  sections eleven hundred eleven-b of this chapter as  added  by  sections
    48  sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
    49  nine or section eleven hundred eleven-d  of  this  chapter,  or  section
    50  eleven  hundred  eleven-e  of  this  chapter,  or section eleven hundred
    51  seventy-four-a of this chapter, for a violation of  subdivision  (d)  of
    52  section  eleven hundred eleven of this chapter contests such allegation,
    53  or a person alleged to be liable in accordance with  the  provisions  of
    54  section  two thousand nine hundred eighty-five of the public authorities
    55  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    56  hundred  seventy-four of the laws of nineteen hundred fifty, or a person

        S. 4682--A                         16

     1  alleged to be liable in accordance with the provisions of section eleven
     2  hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
     3  restriction  as  defined  in such section contests such allegation, or a
     4  person alleged to be liable in accordance with the provisions of section
     5  eleven  hundred  eighty-b of this chapter for a violation of subdivision
     6  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     7  ter contests such allegation, or  a  person  alleged  to  be  liable  in
     8  accordance  with  the  provisions  of section eleven hundred eighty-e of
     9  this chapter for a violation of subdivision (b),  (d),  (f)  or  (g)  of
    10  section  eleven hundred eighty of this chapter contests such allegation,
    11  the bureau shall advise such person personally by  such  form  of  first
    12  class  mail  as  the  director may direct of the date on which he or she
    13  must appear to answer the charge at a hearing. The form and  content  of
    14  such  notice  of  hearing shall be prescribed by the director, and shall
    15  contain a warning to advise the person so pleading  or  contesting  that
    16  failure to appear on the date designated, or on any subsequent adjourned
    17  date,  shall  be  deemed  an  admission of liability, and that a default
    18  judgment may be entered thereon.
    19    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    20  entered, or the bureau has been notified that an allegation of liability
    21  in  accordance  with  section eleven hundred eleven-a of this chapter or
    22  sections eleven hundred eleven-b of this chapter as  added  by  sections
    23  sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
    24  nine or section eleven hundred eleven-d of this chapter or section elev-
    25  en hundred eleven-e of this chapter or section eleven  hundred  seventy-
    26  four-a  of this chapter or an allegation of liability in accordance with
    27  section two thousand nine hundred eighty-five of the public  authorities
    28  law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
    29  hundred seventy-four of the laws of nineteen hundred fifty or an allega-
    30  tion of liability in accordance with section eleven hundred eleven-c  of
    31  this  chapter  or  an allegation of liability in accordance with section
    32  eleven hundred eighty-b of this chapter, or an allegation  of  liability
    33  in  accordance  with  section eleven hundred eighty-e of this chapter is
    34  being contested, by a person in a timely fashion and a hearing upon  the
    35  merits  has  been  demanded, but has not yet been held, the bureau shall
    36  not issue any notice of fine or penalty to that person prior to the date
    37  of the hearing.
    38    § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    39  fic  law,  as separately amended by sections 5-a of chapters 145 and 148
    40  of the laws of 2019, are amended to read as follows:
    41    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    42  violation  enters  a plea of not guilty or a person alleged to be liable
    43  in accordance with sections eleven hundred eleven-b of this  chapter  as
    44  added by sections sixteen of chapters twenty, and twenty-two of the laws
    45  of  two thousand nine or section eleven hundred eleven-d of this chapter
    46  or section eleven hundred eleven-e of this  chapter  or  section  eleven
    47  hundred  seventy-four-a  of  this chapter for a violation of subdivision
    48  (d) of section eleven hundred  eleven  of  this  chapter,  or  a  person
    49  alleged to be liable in accordance with the provisions of section eleven
    50  hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
    51  restriction as defined in such section contests such  allegation,  or  a
    52  person alleged to be liable in accordance with the provisions of section
    53  eleven  hundred  eighty-b  of this chapter for violations of subdivision
    54  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    55  ter contests such allegation, or  a  person  alleged  to  be  liable  in
    56  accordance  with  the  provisions  of section eleven hundred eighty-d of

        S. 4682--A                         17

     1  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
     2  section eleven hundred eighty of this chapter contests such  allegation,
     3  or  a  person  alleged to be liable in accordance with the provisions of
     4  section  eleven  hundred  eighty-e  of  this  chapter for a violation of
     5  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
     6  this  chapter  contests  such  allegation,  the bureau shall advise such
     7  person personally by such form of first class mail as the  director  may
     8  direct  of  the date on which he or she must appear to answer the charge
     9  at a hearing. The form and content of such notice of  hearing  shall  be
    10  prescribed  by  the  director, and shall contain a warning to advise the
    11  person so pleading or contesting that failure  to  appear  on  the  date
    12  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
    13  admission of liability, and that a default judgment may be entered ther-
    14  eon.
    15    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    16  entered, or the bureau has been notified that an allegation of liability
    17  in  accordance with sections eleven hundred eleven-b of this chapter, as
    18  added by sections sixteen of chapters twenty, and twenty-two of the laws
    19  of two thousand nine  or  in  accordance  with  section  eleven  hundred
    20  eleven-d  of  this chapter, or in accordance with section eleven hundred
    21  eleven-e of this chapter or section  eleven  hundred  seventy-four-a  of
    22  this  chapter  or  an allegation of liability in accordance with section
    23  eleven hundred eleven-c of this chapter or an allegation of liability in
    24  accordance with section eleven hundred eighty-b of this  chapter  or  an
    25  allegation of liability in accordance with section eleven hundred eight-
    26  y-d  of  this  chapter, or an allegation of liability in accordance with
    27  section eleven hundred eighty-e of this chapter is being contested, by a
    28  person in a timely fashion and  a  hearing  upon  the  merits  has  been
    29  demanded,  but  has  not  yet  been held, the bureau shall not issue any
    30  notice of fine or penalty to that person prior to the date of the  hear-
    31  ing.
    32    §  5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    33  fic law, as separately amended by sections 5-b of chapters 145  and  148
    34  of the laws of 2019, are amended to read as follows:
    35    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    36  violation enters a plea of not guilty or a person alleged to  be  liable
    37  in accordance with section eleven hundred eleven-d of this chapter or in
    38  accordance  with  section  eleven  hundred  eleven-e  of this chapter or
    39  section eleven hundred seventy-four-a of this chapter or  in  accordance
    40  with  the  provisions of section eleven hundred eleven-c of this chapter
    41  for a violation of a bus lane restriction as defined  in  such  section,
    42  contests such allegation, or a person alleged to be liable in accordance
    43  with  the  provisions of section eleven hundred eighty-b of this chapter
    44  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
    45  en hundred eighty of this chapter contests such allegation, or a  person
    46  alleged to be liable in accordance with the provisions of section eleven
    47  hundred  eighty-d  of  this  chapter for a violation of subdivision (b),
    48  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    49  contests such allegation, or a person alleged to be liable in accordance
    50  with  the  provisions of section eleven hundred eighty-e of this chapter
    51  for a violation of subdivision (b), (d), (f) or (g)  of  section  eleven
    52  hundred  eighty  of  this  chapter  contests such allegation, the bureau
    53  shall advise such person personally by such form of first class mail  as
    54  the  director  may  direct of the date on which he or she must appear to
    55  answer the charge at a hearing. The form and content of such  notice  of
    56  hearing shall be prescribed by the director, and shall contain a warning

        S. 4682--A                         18

     1  to  advise  the  person  so  pleading that failure to appear on the date
     2  designated, or on any subsequent adjourned  date,  shall  be  deemed  an
     3  admission of liability, and that a default judgment may be entered ther-
     4  eon.
     5    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     6  entered, or the bureau has been notified that an allegation of liability
     7  in accordance with section eleven hundred eleven-d of this chapter or in
     8  accordance with section eleven  hundred  eleven-e  of  this  chapter  or
     9  section  eleven  hundred seventy-four-a of this chapter or in accordance
    10  with section eleven hundred eleven-c of this chapter or an allegation of
    11  liability in accordance with section eleven  hundred  eighty-b  of  this
    12  chapter  or an allegation of liability in accordance with section eleven
    13  hundred eighty-d of this chapter,  or  an  allegation  of  liability  in
    14  accordance  with  section  eleven  hundred  eighty-e of this chapter, is
    15  being contested, by a person in a timely fashion and a hearing upon  the
    16  merits  has  been  demanded, but has not yet been held, the bureau shall
    17  not issue any notice of fine or penalty to that person prior to the date
    18  of the hearing.
    19    § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    20  fic  law,  as separately amended by sections 5-c of chapters 145 and 148
    21  of the laws of 2019, are amended to read as follows:
    22    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    23  violation  enters a plea of not guilty, or a person alleged to be liable
    24  in accordance with section eleven hundred eleven-d of this chapter, or a
    25  person alleged to be liable in accordance with  section  eleven  hundred
    26  eleven-e of this chapter, or a person alleged to be liable in accordance
    27  with  section eleven hundred seventy-four-a of this chapter, or a person
    28  alleged to be liable in accordance with the provisions of section eleven
    29  hundred eighty-b of this chapter for violations of subdivision (b), (c),
    30  (d), (f) or (g)  of  section  eleven  hundred  eighty  of  this  chapter
    31  contests such allegation, or a person alleged to be liable in accordance
    32  with  the  provisions of section eleven hundred eighty-d of this chapter
    33  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    34  eleven  hundred  eighty  of  this chapter contests such allegation, or a
    35  person alleged to be liable in accordance with the provisions of section
    36  eleven hundred eighty-e of this chapter for a violation  of  subdivision
    37  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    38  contests such allegation, the bureau shall advise such person personally
    39  by such form of first class mail as the director may direct of the  date
    40  on  which  he  or she must appear to answer the charge at a hearing. The
    41  form and content of such notice of hearing shall be  prescribed  by  the
    42  director,  and  shall contain a warning to advise the person so pleading
    43  that failure to appear on the date  designated,  or  on  any  subsequent
    44  adjourned  date,  shall  be deemed an admission of liability, and that a
    45  default judgment may be entered thereon.
    46    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    47  entered, or the bureau has been notified that an allegation of liability
    48  in  accordance  with section eleven hundred eleven-d of this chapter, or
    49  the bureau has been notified that an allegation of liability in  accord-
    50  ance with section eleven hundred eleven-e of this chapter, or the bureau
    51  has  been  notified  that  an allegation of liability in accordance with
    52  section eleven hundred seventy-four-a of this chapter, or the bureau has
    53  been notified that an allegation of liability in accordance with section
    54  eleven hundred eighty-b of this chapter, or an allegation  of  liability
    55  in  accordance  with section eleven hundred eighty-d of this chapter, or
    56  an allegation of liability in accordance  with  section  eleven  hundred

        S. 4682--A                         19

     1  eighty-e  of  this  chapter  is being contested, by a person in a timely
     2  fashion and a hearing upon the merits has been demanded, but has not yet
     3  been held, the bureau shall not issue any notice of fine or  penalty  to
     4  that person prior to the date of the hearing.
     5    §  5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
     6  fic law, as separately amended by sections 5-d of chapters 145  and  148
     7  of the laws of 2019, are amended to read as follows:
     8    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     9  violation enters a plea of not guilty, or a person alleged to be  liable
    10  in  accordance  with  section  eleven  hundred  eleven-d of this chapter
    11  contests such allegation, or a person alleged to be liable in accordance
    12  with section eleven hundred eleven-e of this chapter contests such alle-
    13  gation, or a  person  alleged  to  be  liable  in  accordance  with  the
    14  provisions  of  section  eleven  hundred  eighty-d of this chapter for a
    15  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    16  hundred  eighty  of  this  chapter contests such allegation, or a person
    17  alleged to be liable in accordance with the provisions of section eleven
    18  hundred eighty-e of this chapter for a  violation  of  subdivision  (b),
    19  (d),  (f)  or  (g)  of  section  eleven  hundred  eighty of this chapter
    20  contests such allegation, or a person alleged to be liable in accordance
    21  with section eleven hundred seventy-four-a of this chapter contests such
    22  allegation, the bureau shall advise such person personally by such  form
    23  of  first  class mail as the director may direct of the date on which he
    24  or she must appear to answer the charge  at  a  hearing.  The  form  and
    25  content  of  such notice of hearing shall be prescribed by the director,
    26  and shall contain a warning to advise the person so pleading that  fail-
    27  ure  to  appear  on  the date designated, or on any subsequent adjourned
    28  date, shall be deemed an admission of  liability,  and  that  a  default
    29  judgment may be entered thereon.
    30    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    31  entered, or the bureau has been notified that an allegation of liability
    32  in accordance with section eleven hundred eleven-d of this  chapter,  is
    33  being  contested,  or the bureau has been notified that an allegation of
    34  liability in accordance with section eleven  hundred  eleven-e  of  this
    35  chapter, or an allegation of liability in accordance with section eleven
    36  hundred  eighty-d of this chapter, is being contested, or the bureau has
    37  been notified that an allegation of liability in accordance with section
    38  eleven hundred eighty-e of this  chapter  is  being  contested,  or  the
    39  bureau  has  been notified that an allegation of liability in accordance
    40  with section eleven hundred seventy-four-a of  this  chapter,  is  being
    41  contested, by a person in a timely fashion and a hearing upon the merits
    42  has been demanded, but has not yet been held, the bureau shall not issue
    43  any  notice  of  fine or penalty to that person prior to the date of the
    44  hearing.
    45    § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    46  fic  law,  as separately amended by sections 5-e of chapters 145 and 148
    47  of the laws of 2019, are amended to read as follows:
    48    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    49  violation  enters a plea of not guilty, or a person alleged to be liable
    50  in accordance with section  eleven  hundred  eleven-e  of  this  chapter
    51  contests such allegation, or a person alleged to be liable in accordance
    52  with  the  provisions of section eleven hundred eighty-d of this chapter
    53  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    54  eleven  hundred  eighty  of  this chapter contests such allegation, or a
    55  person alleged to be liable in accordance with the provisions of section
    56  eleven hundred eighty-e of this chapter for a violation  of  subdivision

        S. 4682--A                         20

     1  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
     2  contests such allegation, or a person alleged to be liable in accordance
     3  with section eleven hundred seventy-four-a of this chapter contests such
     4  allegation,  the bureau shall advise such person personally by such form
     5  of first class mail as the director may direct of the date on  which  he
     6  or  she  must  appear  to  answer  the charge at a hearing. The form and
     7  content of such notice of hearing shall be prescribed by  the  director,
     8  and  shall contain a warning to advise the person so pleading that fail-
     9  ure to appear on the date designated, or  on  any  subsequent  adjourned
    10  date,  shall  be  deemed  an  admission of liability, and that a default
    11  judgment may be entered thereon.
    12    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    13  entered, or the bureau has been notified that an allegation of liability
    14  in  accordance  with section eleven hundred eleven-e of this chapter, or
    15  an allegation of liability in accordance  with  section  eleven  hundred
    16  eighty-d  of  this  chapter,  is being contested, or the bureau has been
    17  notified that an allegation of  liability  in  accordance  with  section
    18  eleven  hundred  eighty-e  of  this  chapter  is being contested, or the
    19  bureau has been notified that an allegation of liability  in  accordance
    20  with  section  eleven  hundred  seventy-four-a of this chapter, is being
    21  contested, by a person in a timely fashion and a hearing upon the merits
    22  has been demanded, but has not yet been held, the bureau shall not issue
    23  any notice of fine or penalty to that person prior to the  date  of  the
    24  hearing.
    25    §  5-g. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    26  fic law, as separately amended by sections 5-f of chapters 145  and  148
    27  of the laws of 2019, are amended to read as follows:
    28    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    29  violation enters a plea of not guilty, or a person alleged to be  liable
    30  in  accordance with the provisions of section eleven hundred eighty-d of
    31  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    32  section eleven hundred eighty of this chapter contests such  allegation,
    33  or  a  person  alleged to be liable in accordance with the provisions of
    34  section eleven hundred eighty-e of  this  chapter  for  a  violation  of
    35  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    36  this chapter contests such allegation, or a person alleged to be  liable
    37  in accordance with section eleven hundred seventy-four-a of this chapter
    38  contests such allegation, the bureau shall advise such person personally
    39  by  such form of first class mail as the director may direct of the date
    40  on which he or she must appear to answer the charge at  a  hearing.  The
    41  form  and  content  of such notice of hearing shall be prescribed by the
    42  director, and shall contain a warning to advise the person  so  pleading
    43  that  failure  to  appear  on  the date designated, or on any subsequent
    44  adjourned date, shall be deemed an admission of liability,  and  that  a
    45  default judgment may be entered thereon.
    46    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    47  entered, or the bureau has been notified that an allegation of liability
    48  in accordance with section eleven hundred seventy-four-a of  this  chap-
    49  ter, is being contested, or the bureau has been notified that an allega-
    50  tion  of liability in accordance with section eleven hundred eighty-d of
    51  this chapter is being contested, or the bureau has been notified that an
    52  allegation of liability in accordance with section eleven hundred eight-
    53  y-e of this chapter is being contested, by a person in a timely  fashion
    54  and  a  hearing  upon the merits has been demanded, but has not yet been
    55  held, the bureau shall not issue any notice of fine or penalty  to  that
    56  person prior to the date of the hearing.

        S. 4682--A                         21

     1    § 5-h. Subdivision 1 of section 240 of the vehicle and traffic law, as
     2  added by chapter 715 of the laws of 1972, is amended to read as follows:
     3    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     4  violation enters a plea of not guilty, or a person alleged to be  liable
     5  in  accordance with the provisions of section eleven hundred eighty-e of
     6  this chapter for a violation of subdivision (b),  (d),  (f)  or  (g)  of
     7  section  eleven hundred eighty of this chapter contests such allegation,
     8  the bureau shall advise such person personally by  such  form  of  first
     9  class  mail  as  the  director  may  direct of the date on which he must
    10  appear to answer the charge at a hearing. The form and content  of  such
    11  notice of hearing shall be prescribed by the director, and shall contain
    12  a warning to advise the person so pleading that failure to appear on the
    13  date designated, or on any subsequent adjourned date, shall be deemed an
    14  admission of liability, and that a default judgment may be entered ther-
    15  eon.
    16    §  5-i. Subdivision 1-a of section 240 of the vehicle and traffic law,
    17  as added by chapter 365 of the laws of  1978,  is  amended  to  read  as
    18  follows:
    19    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    20  entered, or the bureau has been notified that an allegation of liability
    21  in accordance with section eleven hundred eighty-e of  this  chapter  is
    22  being  contested  by a person in a timely fashion and a hearing upon the
    23  merits has been demanded, but has not yet been held,  the  bureau  shall
    24  not issue any notice of fine or penalty to that person prior to the date
    25  of the hearing.
    26    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    27  and traffic law, as separately amended by sections 6 of chapters 145 and
    28  148 of the laws of 2019, are amended to read as follows:
    29    a. Every hearing for the adjudication of a charge of parking violation
    30  or  an allegation of liability in accordance with section eleven hundred
    31  eleven-a of this chapter or in accordance with sections  eleven  hundred
    32  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    33  ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
    34  with  section  eleven  hundred eleven-d of this chapter or in accordance
    35  with section eleven hundred eleven-e of this chapter  or  in  accordance
    36  with section eleven hundred seventy-four-a of this chapter or an allega-
    37  tion  of  liability in accordance with section two thousand nine hundred
    38  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    39  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    40  laws of nineteen hundred fifty or an allegation of liability in  accord-
    41  ance  with section eleven hundred eleven-c of this chapter or an allega-
    42  tion of liability in accordance with section eleven hundred eighty-b  of
    43  this  chapter,  or an allegation of liability in accordance with section
    44  eleven hundred eighty-d of this chapter, or an allegation  of  liability
    45  in  accordance  with  section  eleven  hundred eighty-e of this chapter,
    46  shall be held before a hearing examiner in  accordance  with  rules  and
    47  regulations promulgated by the bureau.
    48    g. A record shall be made of a hearing on a plea of not guilty or of a
    49  hearing  at  which  liability  in accordance with section eleven hundred
    50  eleven-a of this chapter or in accordance with sections  eleven  hundred
    51  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    52  ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
    53  with  section eleven hundred eleven-d of this chapter is contested or in
    54  accordance with section eleven  hundred  eleven-e  of  this  chapter  is
    55  contested or in accordance with section eleven hundred seventy-four-a of
    56  this  chapter is contested or of a hearing at which liability in accord-

        S. 4682--A                         22

     1  ance with section two thousand nine hundred eighty-five  of  the  public
     2  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
     3  ter seven hundred seventy-four of the laws of nineteen hundred fifty  is
     4  contested  or of a hearing at which liability in accordance with section
     5  eleven hundred eleven-c of this chapter or of a hearing at which liabil-
     6  ity in accordance with section eleven hundred eighty-b of  this  chapter
     7  or  of  a  hearing  at which liability in accordance with section eleven
     8  hundred eighty-d of this chapter or of a hearing at which  liability  in
     9  accordance  with  section  eleven  hundred  eighty-e  of this chapter is
    10  contested. Recording devices may be used for the making of the record.
    11    § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    12  cle and traffic law, as amended by section 6 of chapter 145 of the  laws
    13  of 2019, are amended to read as follows:
    14    a. Every hearing for the adjudication of a charge of parking violation
    15  or  an allegation of liability in accordance with section eleven hundred
    16  eleven-a of this chapter or in accordance with sections  eleven  hundred
    17  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    18  ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
    19  with  section  eleven  hundred eleven-d of this chapter or in accordance
    20  with section eleven hundred eleven-e of this chapter  or  in  accordance
    21  with section eleven hundred seventy-four-a of this chapter or an allega-
    22  tion  of  liability in accordance with section two thousand nine hundred
    23  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    24  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    25  laws of nineteen hundred fifty or an allegation of liability in  accord-
    26  ance  with section eleven hundred eleven-c of this chapter or an allega-
    27  tion of liability in accordance with section eleven hundred eighty-b  of
    28  this  chapter  or  an allegation of liability in accordance with section
    29  eleven hundred eighty-e of this chapter, shall be held before a  hearing
    30  examiner  in  accordance  with  rules and regulations promulgated by the
    31  bureau.
    32    g. A record shall be made of a hearing on a plea of not guilty or of a
    33  hearing at which liability in accordance  with  section  eleven  hundred
    34  eleven-a  of  this chapter or in accordance with sections eleven hundred
    35  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    36  ty,  and  twenty-two  of  the laws of two thousand nine or in accordance
    37  with section eleven hundred eleven-d of this chapter is contested or  in
    38  accordance  with  section  eleven  hundred  eleven-e  of this chapter is
    39  contested or in accordance with section eleven hundred seventy-four-a of
    40  this chapter is contested or of a hearing at which liability in  accord-
    41  ance  with  section  two thousand nine hundred eighty-five of the public
    42  authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
    43  ter  seven hundred seventy-four of the laws of nineteen hundred fifty is
    44  contested or of a hearing at which liability in accordance with  section
    45  eleven hundred eleven-c of this chapter or of a hearing at which liabil-
    46  ity  in  accordance with section eleven hundred eighty-b of this chapter
    47  or of a hearing at which liability in  accordance  with  section  eleven
    48  hundred  eighty-e of this chapter is contested. Recording devices may be
    49  used for the making of the record.
    50    § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    51  cle and traffic law, as separately amended by sections 6-a  of  chapters
    52  145 and 148 of the laws of 2019, are amended to read as follows:
    53    a. Every hearing for the adjudication of a charge of parking violation
    54  or an allegation of liability in accordance with sections eleven hundred
    55  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    56  ty,  and  twenty-two  of  the laws of two thousand nine or in accordance

        S. 4682--A                         23

     1  with section eleven hundred eleven-d of this chapter  or  in  accordance
     2  with  section  eleven  hundred eleven-e of this chapter or in accordance
     3  with section eleven hundred seventy-four-a of this chapter or an allega-
     4  tion  of liability in accordance with section eleven hundred eleven-c of
     5  this chapter or an allegation of liability in  accordance  with  section
     6  eleven hundred eighty-b of this chapter or an allegation of liability in
     7  accordance  with  section  eleven hundred eighty-d of this chapter or an
     8  allegation of liability in accordance with section eleven hundred eight-
     9  y-e of this chapter, shall be held before a hearing examiner in  accord-
    10  ance with rules and regulations promulgated by the bureau.
    11    g. A record shall be made of a hearing on a plea of not guilty or of a
    12  hearing  at  which  liability in accordance with sections eleven hundred
    13  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    14  ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
    15  with  section  eleven  hundred eleven-d of this chapter or in accordance
    16  with section eleven hundred eleven-e of this chapter  or  in  accordance
    17  with section eleven hundred seventy-four-a of this chapter or of a hear-
    18  ing  at  which  liability  in  accordance  with  section  eleven hundred
    19  eleven-c of this chapter or of a hearing at which liability  in  accord-
    20  ance  with section eleven hundred eighty-b of this chapter or of a hear-
    21  ing at which liability in accordance with section eleven hundred  eight-
    22  y-d  of  this  chapter  or of a hearing at which liability in accordance
    23  with section eleven hundred  eighty-e  of  this  chapter  is  contested.
    24  Recording devices may be used for the making of the record.
    25    § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    26  cle  and  traffic law, as separately amended by sections 6-b of chapters
    27  145 and 148 of the laws of 2019, are amended to read as follows:
    28    a. Every hearing for the adjudication of a charge of parking violation
    29  or an allegation of liability in accordance with section eleven  hundred
    30  seventy-four-a  of this chapter or an allegation of liability in accord-
    31  ance with section eleven hundred eleven-e of this chapter or an  allega-
    32  tion  of liability in accordance with section eleven hundred eleven-d of
    33  this chapter or an allegation of liability in  accordance  with  section
    34  eleven hundred eleven-c of this chapter or an allegation of liability in
    35  accordance  with  section  eleven hundred eighty-b of this chapter or an
    36  allegation of liability in accordance with section eleven hundred eight-
    37  y-d of this chapter or an allegation of  liability  in  accordance  with
    38  section  eleven  hundred eighty-e of this chapter shall be held before a
    39  hearing examiner in accordance with rules and regulations promulgated by
    40  the bureau.
    41    g. A record shall be made of a hearing on a plea of not guilty or of a
    42  hearing at which liability in accordance  with  section  eleven  hundred
    43  seventy-four-a  of  this  chapter  or of a hearing at which liability in
    44  accordance with section eleven hundred eleven-e of this chapter or of  a
    45  hearing  at  which  liability  in accordance with section eleven hundred
    46  eleven-d of this chapter or of a hearing at which liability  in  accord-
    47  ance  with section eleven hundred eleven-c of this chapter or of a hear-
    48  ing at which liability in accordance with section eleven hundred  eight-
    49  y-b  of  this  chapter  or of a hearing at which liability in accordance
    50  with section eleven hundred eighty-d of this chapter or of a hearing  at
    51  which  liability  in  accordance with section eleven hundred eighty-e of
    52  this chapter is contested. Recording devices may be used for the  making
    53  of the record.
    54    § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    55  cle  and  traffic law, as separately amended by sections 6-c of chapters
    56  145 and 148 of the laws of 2019, are amended to read as follows:

        S. 4682--A                         24

     1    a. Every hearing for the adjudication of a charge of parking violation
     2  or an allegation of liability in accordance with section eleven  hundred
     3  seventy-four-a  of this chapter or an allegation of liability in accord-
     4  ance with section eleven hundred eleven-e of this chapter or an  allega-
     5  tion  of liability in accordance with section eleven hundred eleven-d of
     6  this chapter or an allegation of liability in  accordance  with  section
     7  eleven hundred eighty-b of this chapter or an allegation of liability in
     8  accordance  with  section  eleven hundred eighty-d of this chapter or an
     9  allegation of liability in accordance with section eleven hundred eight-
    10  y-e of this chapter shall be held before a hearing examiner  in  accord-
    11  ance with rules and regulations promulgated by the bureau.
    12    g. A record shall be made of a hearing on a plea of not guilty or of a
    13  hearing  at  which  liability  in accordance with section eleven hundred
    14  seventy-four-a of this chapter or of a hearing  at  which  liability  in
    15  accordance  with section eleven hundred eleven-e of this chapter or of a
    16  hearing at which liability in accordance  with  section  eleven  hundred
    17  eleven-d  of  this chapter or of a hearing at which liability in accord-
    18  ance with section eleven hundred eighty-b of this chapter or of a  hear-
    19  ing  at which liability in accordance with section eleven hundred eight-
    20  y-d of this chapter or of a hearing at  which  liability  in  accordance
    21  with  section  eleven  hundred  eighty-e  of  this chapter is contested.
    22  Recording devices may be used for the making of the record.
    23    § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    24  cle and traffic law, as separately amended by section  6-d  of  chapters
    25  145 and 148 of the laws of 2019, are amended to read as follows:
    26    a. Every hearing for the adjudication of a charge of parking violation
    27  or  an allegation of liability in accordance with section eleven hundred
    28  seventy-four-a of this chapter or an allegation of liability in  accord-
    29  ance  with section eleven hundred eleven-e of this chapter or an allega-
    30  tion of liability in accordance with section eleven hundred eleven-d  of
    31  this  chapter  or  an allegation of liability in accordance with section
    32  eleven hundred eighty-d of this chapter or an allegation of liability in
    33  accordance with section eleven hundred eighty-e of this chapter shall be
    34  held before a hearing examiner in accordance with rules and  regulations
    35  promulgated by the bureau.
    36    g.  A  record  shall be made of a hearing on a plea of not guilty or a
    37  hearing at which liability in accordance  with  section  eleven  hundred
    38  eleven-d of this chapter is contested or of a hearing at which liability
    39  in accordance with section eleven hundred seventy-four-a of this chapter
    40  or  a  hearing  at  which  liability  in  accordance with section eleven
    41  hundred eleven-e of this chapter or a  hearing  at  which  liability  in
    42  accordance  with section eleven hundred eighty-d of this chapter or of a
    43  hearing at which liability in accordance  with  section  eleven  hundred
    44  eighty-e of this chapter is contested. Recording devices may be used for
    45  the making of the record.
    46    § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    47  cle  and  traffic  law, as separately amended by section 6-e of chapters
    48  145 and 148 of the laws of 2019, are amended to read as follows:
    49    a. Every hearing for the adjudication of a charge of parking violation
    50  or an allegation of liability in accordance with section eleven  hundred
    51  eleven-e  of  this  chapter  or an allegation of liability in accordance
    52  with section eleven hundred seventy-four-a of this chapter or an allega-
    53  tion of liability in accordance with section eleven hundred eighty-d  of
    54  this  chapter  or  an allegation of liability in accordance with section
    55  eleven hundred eighty-e of this chapter shall be held before  a  hearing

        S. 4682--A                         25

     1  examiner  in  accordance  with  rules and regulations promulgated by the
     2  bureau.
     3    g.  A  record  shall be made of a hearing on a plea of not guilty or a
     4  hearing at which liability in accordance  with  section  eleven  hundred
     5  eleven-e  of  this chapter or a hearing at which liability in accordance
     6  with section eleven hundred eighty-d of this chapter  or  a  hearing  at
     7  which  liability  in  accordance with section eleven hundred eighty-e of
     8  this chapter is contested or a hearing at which liability in  accordance
     9  with section eleven hundred seventy-four-a of this chapter is contested.
    10  Recording devices may be used for the making of the record.
    11    § 6-g. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    12  cle  and  traffic law, as separately amended by sections 6-f of chapters
    13  145 and 148 of the laws of 2019, are amended to read as follows:
    14    a. Every hearing for the adjudication of a charge of parking violation
    15  or an allegation of liability in accordance with section eleven  hundred
    16  seventy-four-a  of this chapter or an allegation of liability in accord-
    17  ance with section eleven hundred eighty-d of this chapter or an  allega-
    18  tion  of liability in accordance with section eleven hundred eighty-e of
    19  this chapter shall be held before a hearing examiner in accordance  with
    20  rules and regulations promulgated by the bureau.
    21    g.  A  record  shall be made of a hearing on a plea of not guilty or a
    22  hearing at which liability in accordance  with  section  eleven  hundred
    23  seventy-four-a  of  this  chapter  is  contested  or  a hearing at which
    24  liability in accordance with section eleven  hundred  eighty-d  of  this
    25  chapter  is contested or a hearing at which liability in accordance with
    26  section eleven hundred eighty-e of this chapter is contested.  Recording
    27  devices may be used for the making of the record.
    28    § 6-h. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    29  cle and traffic law, as added by chapter 715 of the laws  of  1972,  are
    30  amended to read as follows:
    31    a. Every hearing for the adjudication of a charge of parking violation
    32  or  an allegation of liability in accordance with section eleven hundred
    33  eighty-e of this chapter shall be held  before  a  hearing  examiner  in
    34  accordance with rules and regulations promulgated by the bureau.
    35    g. A record shall be made of a hearing on a plea of not guilty or of a
    36  hearing  at  which  liability  in accordance with section eleven hundred
    37  eighty-e of this chapter is contested.   Recording devices may  be  used
    38  for the making of the record.
    39    §  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
    40  law, as separately amended by sections 7 of chapters 145 and 148 of  the
    41  laws of 2019, are amended to read as follows:
    42    1.  The  hearing  examiner  shall make a determination on the charges,
    43  either sustaining or dismissing them. Where the hearing examiner  deter-
    44  mines  that the charges have been sustained he or she may examine either
    45  the prior  parking  violations  record  or  the  record  of  liabilities
    46  incurred  in  accordance  with  section  eleven hundred eleven-a of this
    47  chapter or in accordance with sections eleven hundred eleven-b  of  this
    48  chapter [as added by sections sixteen of chapters twenty, and twenty-two
    49  of  the  laws of two thousand nine] or in accordance with section eleven
    50  hundred eleven-d of this chapter or in accordance  with  section  eleven
    51  hundred  eleven-e  of  this chapter or in accordance with section eleven
    52  hundred seventy-four-a of this chapter  or  the  record  of  liabilities
    53  incurred  in  accordance  with section two thousand nine hundred eighty-
    54  five of the public authorities law or sections sixteen-a, sixteen-b  and
    55  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    56  hundred fifty of the  person  charged,  or  the  record  of  liabilities

        S. 4682--A                         26

     1  incurred  in  accordance  with  section  eleven hundred eleven-c of this
     2  chapter, or the  record  of  liabilities  incurred  in  accordance  with
     3  section  eleven  hundred  eighty-b  of this chapter, or in the record of
     4  liabilities  incurred in accordance with section eleven hundred eighty-d
     5  of this chapter of the person charged, or in the record  of  liabilities
     6  incurred  in  accordance  with  section  eleven hundred eighty-e of this
     7  chapter of the person charged, as applicable prior to rendering a  final
     8  determination.  Final  determinations  sustaining  or dismissing charges
     9  shall be entered on a final determination roll maintained by the  bureau
    10  together with records showing payment and nonpayment of penalties.
    11    2.  Where  an operator or owner fails to enter a plea to a charge of a
    12  parking violation or contest an allegation of  liability  in  accordance
    13  with  section  eleven  hundred eleven-a of this chapter or in accordance
    14  with sections eleven hundred eleven-b  of  this  chapter  [as  added  by
    15  sections  sixteen  of chapters twenty, and twenty-two of the laws of two
    16  thousand nine] or in accordance with section eleven hundred eleven-d  of
    17  this  chapter  or  in accordance with section eleven hundred eleven-e of
    18  this chapter or in accordance with section eleven hundred seventy-four-a
    19  of this chapter or fails  to  contest  an  allegation  of  liability  in
    20  accordance  with  section  two  thousand nine hundred eighty-five of the
    21  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    22  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
    23  fifty, or fails to contest an allegation of liability in accordance with
    24  section  eleven  hundred eleven-c of this chapter or fails to contest an
    25  allegation of liability in accordance with section eleven hundred eight-
    26  y-b of this chapter or fails to contest an allegation  of  liability  in
    27  accordance with section eleven hundred eighty-d of this chapter or fails
    28  to  contest an allegation of liability in accordance with section eleven
    29  hundred eighty-e of this chapter or fails  to  appear  on  a  designated
    30  hearing  date  or  subsequent adjourned date or fails after a hearing to
    31  comply with the determination of a hearing examiner,  as  prescribed  by
    32  this  article  or  by  rule or regulation of the bureau, such failure to
    33  plead or contest, appear or comply shall be deemed, for all purposes, an
    34  admission of liability and shall be grounds for rendering and entering a
    35  default judgment in an amount provided by the rules and  regulations  of
    36  the   bureau.  However,  after  the  expiration  of  the  original  date
    37  prescribed for entering a plea and before  a  default  judgment  may  be
    38  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    39  provisions of law notify such operator or owner, by such form  of  first
    40  class  mail  as the commission may direct; (1) of the violation charged,
    41  or liability in accordance with section eleven hundred eleven-a of  this
    42  chapter  or  in accordance with sections eleven hundred eleven-b of this
    43  chapter [as added by sections sixteen of chapters twenty, and twenty-two
    44  of the laws of two thousand nine] or in accordance with  section  eleven
    45  hundred  eleven-d  of  this chapter or in accordance with section eleven
    46  hundred eleven-e of this chapter or in accordance  with  section  eleven
    47  hundred  seventy-four-a  of this chapter alleged or liability in accord-
    48  ance with section two thousand nine hundred eighty-five  of  the  public
    49  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
    50  ter seven hundred seventy-four of the laws  of  nineteen  hundred  fifty
    51  alleged  or liability in accordance with section eleven hundred eleven-c
    52  of this chapter or liability in accordance with section  eleven  hundred
    53  eighty-b  of  this  chapter  alleged,  or  liability  in accordance with
    54  section eleven hundred eighty-d of this chapter alleged, or liability in
    55  accordance with section eleven hundred eighty-e of this chapter alleged,
    56  (2) of the impending default judgment, (3) that such  judgment  will  be

        S. 4682--A                         27

     1  entered  in  the  Civil  Court  of the city in which the bureau has been
     2  established, or other court of civil jurisdiction  or  any  other  place
     3  provided  for the entry of civil judgments within the state of New York,
     4  and  (4)  that a default may be avoided by entering a plea or contesting
     5  an allegation of liability in accordance  with  section  eleven  hundred
     6  eleven-a  of  this chapter or in accordance with sections eleven hundred
     7  eleven-b of this chapter as added by sections sixteen of chapters  twen-
     8  ty,  and  twenty-two  of  the laws of two thousand nine or in accordance
     9  with section eleven hundred eleven-d of this chapter  or  in  accordance
    10  with  section  eleven  hundred eleven-e of this chapter or in accordance
    11  with section eleven hundred seventy-four-a of this chapter or contesting
    12  an allegation of liability in accordance with section two thousand  nine
    13  hundred eighty-five of the public authorities law or sections sixteen-a,
    14  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    15  laws of nineteen hundred fifty or contesting an allegation of  liability
    16  in  accordance  with  section eleven hundred eleven-c of this chapter or
    17  contesting an allegation of liability in accordance with section  eleven
    18  hundred  eighty-b of this chapter or contesting an allegation of liabil-
    19  ity in accordance with section eleven hundred eighty-d of this  chapter,
    20  or  contesting  an  allegation  of  liability in accordance with section
    21  eleven hundred eighty-e of this chapter, as appropriate,  or  making  an
    22  appearance  within  thirty  days  of  the  sending of such notice. Pleas
    23  entered and allegations contested within that period  shall  be  in  the
    24  manner prescribed in the notice and not subject to additional penalty or
    25  fee.  Such  notice  of  impending default judgment shall not be required
    26  prior to the rendering and entry thereof in the  case  of  operators  or
    27  owners  who are non-residents of the state of New York. In no case shall
    28  a default judgment be rendered or, where required, a notice of impending
    29  default judgment be sent, more than two years after  the  expiration  of
    30  the  time  prescribed  for  entering a plea or contesting an allegation.
    31  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
    32  imposed  for  any  reason,  prior  to the holding of the hearing. If the
    33  hearing examiner shall make a determination on the  charges,  sustaining
    34  them,  he or she shall impose no greater penalty or fine than those upon
    35  which the person was originally charged.
    36    § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    37  law,  as  amended  by  section 7 of chapter 145 of the laws of 2019, are
    38  amended to read as follows:
    39    1. The hearing examiner shall make a  determination  on  the  charges,
    40  either  sustaining or dismissing them. Where the hearing examiner deter-
    41  mines that the charges have been sustained he or she may examine  either
    42  the  prior  parking  violations  record  or  the  record  of liabilities
    43  incurred in accordance with section  eleven  hundred  eleven-a  of  this
    44  chapter  or  in accordance with sections eleven hundred eleven-b of this
    45  chapter [as added by sections sixteen of chapters twenty, and twenty-two
    46  of the laws of two thousand nine] or in accordance with  section  eleven
    47  hundred  eleven-d  of  this chapter or in accordance with section eleven
    48  hundred eleven-e of this chapter or in accordance  with  section  eleven
    49  hundred  seventy-four-a  of  this  chapter  or the record of liabilities
    50  incurred in accordance with section two thousand  nine  hundred  eighty-
    51  five  of the public authorities law or sections sixteen-a, sixteen-b and
    52  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    53  hundred  fifty  of  the  person  charged,  or  the record of liabilities
    54  incurred in accordance with section  eleven  hundred  eleven-c  of  this
    55  chapter,  or  the  record  of  liabilities  incurred  in accordance with
    56  section eleven hundred eighty-b  of  this  chapter,  or  the  record  of

        S. 4682--A                         28

     1  liabilities  incurred in accordance with section eleven hundred eighty-e
     2  of this chapter of the person charged, as applicable prior to  rendering
     3  a  final  determination.  Final  determinations sustaining or dismissing
     4  charges shall be entered on a final determination roll maintained by the
     5  bureau  together  with  records showing payment and nonpayment of penal-
     6  ties.
     7    2. Where an operator or owner fails to enter a plea to a charge  of  a
     8  parking  violation  or  contest an allegation of liability in accordance
     9  with section eleven hundred eleven-a of this chapter  or  in  accordance
    10  with  sections  eleven  hundred  eleven-b  of  this chapter [as added by
    11  sections sixteen of chapters twenty, and twenty-two of the laws  of  two
    12  thousand  nine] or in accordance with section eleven hundred eleven-d of
    13  this chapter or in accordance with section eleven  hundred  eleven-e  of
    14  this chapter or in accordance with section eleven hundred seventy-four-a
    15  of  this  chapter  or  fails  to  contest  an allegation of liability in
    16  accordance with section two thousand nine  hundred  eighty-five  of  the
    17  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    18  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    19  fifty, or fails to contest an allegation of liability in accordance with
    20  section eleven hundred eleven-c of this chapter or fails to  contest  an
    21  allegation of liability in accordance with section eleven hundred eight-
    22  y-b  of  this  chapter,  or  fails to contest an allegation of liability
    23  incurred in accordance with section  eleven  hundred  eighty-e  of  this
    24  chapter,  or  fails to appear on a designated hearing date or subsequent
    25  adjourned date or fails after a hearing to comply with the determination
    26  of a hearing examiner, as prescribed by this article or by rule or regu-
    27  lation of the bureau, such failure to plead  [or],  contest,  appear  or
    28  comply  shall be deemed, for all purposes, an admission of liability and
    29  shall be grounds for rendering and entering a  default  judgment  in  an
    30  amount  provided  by  the  rules and regulations of the bureau. However,
    31  after the expiration of the original date prescribed for entering a plea
    32  and before a default judgment may be rendered, in such case  the  bureau
    33  shall  pursuant to the applicable provisions of law notify such operator
    34  or owner, by such form of first class mail as the commission may direct;
    35  (1) of the violation charged, or liability in  accordance  with  section
    36  eleven  hundred  eleven-a of this chapter or in accordance with sections
    37  eleven hundred eleven-b of this chapter [as added by sections sixteen of
    38  chapters twenty, and twenty-two of the laws of two thousand nine] or  in
    39  accordance  with  section  eleven hundred eleven-d of this chapter or in
    40  accordance with section eleven hundred eleven-e of this  chapter  or  in
    41  accordance  with  section  eleven hundred seventy-four-a of this chapter
    42  alleged or liability  in  accordance  with  section  two  thousand  nine
    43  hundred eighty-five of the public authorities law or sections sixteen-a,
    44  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    45  laws of nineteen hundred fifty alleged or liability in  accordance  with
    46  section  eleven hundred eleven-c of this chapter or liability in accord-
    47  ance with section eleven hundred eighty-b of this  chapter  alleged,  or
    48  liability  in  accordance  with  section eleven hundred eighty-e of this
    49  chapter alleged, (2) of the impending default judgment,  (3)  that  such
    50  judgment  will  be  entered  in the Civil Court of the city in which the
    51  bureau has been established, or other court of civil jurisdiction or any
    52  other place provided for the entry of civil judgments within  the  state
    53  of New York, and (4) that a default may be avoided by entering a plea or
    54  contesting  an allegation of liability in accordance with section eleven
    55  hundred eleven-a of this chapter or in accordance with  sections  eleven
    56  hundred  eleven-b of this chapter [as added by sections sixteen of chap-

        S. 4682--A                         29

     1  ters twenty, and twenty-two of the laws of  two  thousand  nine]  or  in
     2  accordance  with  section  eleven hundred eleven-d of this chapter or in
     3  accordance with section eleven hundred eleven-e of this  chapter  or  in
     4  accordance with section eleven hundred seventy-four-a of this chapter or
     5  contesting  an  allegation  of  liability in accordance with section two
     6  thousand nine hundred eighty-five  of  the  public  authorities  law  or
     7  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
     8  seventy-four of the laws of nineteen  hundred  fifty  or  contesting  an
     9  allegation  of  liability  in  accordance  with  section  eleven hundred
    10  eleven-c of this chapter or contesting an  allegation  of  liability  in
    11  accordance  with  section  eleven  hundred  eighty-b of this chapter, or
    12  contesting an allegation of liability in accordance with section  eleven
    13  hundred  eighty-e  of this chapter, as appropriate, or making an appear-
    14  ance within thirty days of the sending of such notice. Pleas entered and
    15  allegations  contested  within  that  period  shall  be  in  the  manner
    16  prescribed  in  the notice and not subject to additional penalty or fee.
    17  Such notice of impending default judgment shall not be required prior to
    18  the rendering and entry thereof in the case of operators or  owners  who
    19  are  non-residents  of the state of New York. In no case shall a default
    20  judgment be rendered or, where required, a notice of  impending  default
    21  judgment  be  sent, more than two years after the expiration of the time
    22  prescribed for entering a plea  or  contesting  an  allegation.  When  a
    23  person  has  demanded a hearing, no fine or penalty shall be imposed for
    24  any reason, prior to the holding of the hearing. If the hearing examiner
    25  shall make a determination on the charges, sustaining them,  he  or  she
    26  shall impose no greater penalty or fine than those upon which the person
    27  was originally charged.
    28    §  7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    29  law, as separately amended by sections 7-a of chapters 145  and  148  of
    30  the laws of 2019, are amended to read as follows:
    31    1.  The  hearing  examiner  shall make a determination on the charges,
    32  either sustaining or dismissing them. Where the hearing examiner  deter-
    33  mines  that the charges have been sustained he or she may examine either
    34  the prior  parking  violations  record  or  the  record  of  liabilities
    35  incurred  in  accordance  with  sections eleven hundred eleven-b of this
    36  chapter [as added by sections sixteen of chapters twenty, and twenty-two
    37  of the laws of two thousand nine] or in accordance with  section  eleven
    38  hundred  eleven-d  of  this chapter or in accordance with section eleven
    39  hundred eleven-e of this chapter or in accordance  with  section  eleven
    40  hundred  seventy-four-a  of  this  chapter of the person charged, or the
    41  record of liabilities incurred in accordance with section eleven hundred
    42  eleven-c of this chapter, or  the  record  of  liabilities  incurred  in
    43  accordance  with section eleven hundred eighty-b of this chapter, or the
    44  record of liabilities incurred in accordance with section eleven hundred
    45  eighty-d of this chapter of the person charged, or the record of liabil-
    46  ities incurred in accordance with section  eleven  hundred  eighty-e  of
    47  this  chapter  of the person charged, as applicable prior to rendering a
    48  final  determination.  Final  determinations  sustaining  or  dismissing
    49  charges shall be entered on a final determination roll maintained by the
    50  bureau  together  with  records showing payment and nonpayment of penal-
    51  ties.
    52    2. Where an operator or owner fails to enter a plea to a charge  of  a
    53  parking  violation  or  contest an allegation of liability in accordance
    54  with sections eleven hundred eleven-b  of  this  chapter  [as  added  by
    55  sections  sixteen  of chapters twenty, and twenty-two of the laws of two
    56  thousand nine] or in accordance with section eleven hundred eleven-d  of

        S. 4682--A                         30

     1  this  chapter,  or in accordance with section eleven hundred eleven-e of
     2  this  chapter,  or   in   accordance   with   section   eleven   hundred
     3  seventy-four-a  of  this  chapter,  or fails to contest an allegation of
     4  liability  in  accordance  with  section eleven hundred eleven-c of this
     5  chapter, or fails to contest an  allegation  of  liability  incurred  in
     6  accordance  with  section  eleven  hundred  eighty-b of this chapter, or
     7  fails to contest an allegation of liability incurred in accordance  with
     8  section  eleven hundred eighty-d of this chapter, or fails to contest an
     9  allegation of liability  incurred  in  accordance  with  section  eleven
    10  hundred  eighty-e  of  this  chapter, or fails to appear on a designated
    11  hearing date or subsequent adjourned date or fails after  a  hearing  to
    12  comply  with  the  determination of a hearing examiner, as prescribed by
    13  this article or by rule or regulation of the  bureau,  such  failure  to
    14  plead,  contest,  appear or comply shall be deemed, for all purposes, an
    15  admission of liability and shall be grounds for rendering and entering a
    16  default judgment in an amount provided by the rules and  regulations  of
    17  the   bureau.  However,  after  the  expiration  of  the  original  date
    18  prescribed for entering a plea and before  a  default  judgment  may  be
    19  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    20  provisions of law notify such operator or owner, by such form  of  first
    21  class  mail  as the commission may direct; (1) of the violation charged,
    22  or liability in accordance with sections eleven hundred eleven-b of this
    23  chapter, [as added by sections sixteen of chapters twenty,  and  twenty-
    24  two  of  the  laws  of  two thousand nine] or in accordance with section
    25  eleven hundred eleven-d of this chapter, or in accordance  with  section
    26  eleven  hundred  eleven-e of this chapter, or in accordance with section
    27  eleven hundred seventy-four-a of this chapter, or liability  in  accord-
    28  ance  with  section eleven hundred eleven-c of this chapter or liability
    29  in accordance with section  eleven  hundred  eighty-b  of  this  chapter
    30  alleged, or liability in accordance with section eleven hundred eighty-d
    31  of this chapter alleged, or alleged liability in accordance with section
    32  eleven  hundred  eighty-e  of this chapter, (2) of the impending default
    33  judgment, (3) that such judgment will be entered in the Civil  Court  of
    34  the  city  in  which  the bureau has been established, or other court of
    35  civil jurisdiction or any other place provided for the  entry  of  civil
    36  judgments  within  the  state of New York, and (4) that a default may be
    37  avoided by entering a plea or contesting an allegation of  liability  in
    38  accordance  with  sections  eleven  hundred eleven-b of this chapter [as
    39  added by sections sixteen of chapters twenty, and twenty-two of the laws
    40  of two thousand nine] or  in  accordance  with  section  eleven  hundred
    41  eleven-d  of  this  chapter or in accordance with section eleven hundred
    42  eleven-e of this chapter, or in accordance with section  eleven  hundred
    43  seventy-four-a of this chapter, or contesting an allegation of liability
    44  in  accordance  with  section eleven hundred eleven-c of this chapter or
    45  contesting an allegation of liability in accordance with section  eleven
    46  hundred  eighty-b of this chapter or contesting an allegation of liabil-
    47  ity in accordance with section eleven hundred eighty-d of this  chapter,
    48  or  contesting  an  allegation  of  liability in accordance with section
    49  eleven hundred eighty-e of this chapter, as appropriate,  or  making  an
    50  appearance  within  thirty  days  of  the  sending of such notice. Pleas
    51  entered and allegations contested within that period  shall  be  in  the
    52  manner prescribed in the notice and not subject to additional penalty or
    53  fee.  Such  notice  of  impending default judgment shall not be required
    54  prior to the rendering and entry thereof in the  case  of  operators  or
    55  owners  who are non-residents of the state of New York. In no case shall
    56  a default judgment be rendered or, where required, a notice of impending

        S. 4682--A                         31

     1  default judgment be sent, more than two years after  the  expiration  of
     2  the  time  prescribed  for  entering a plea or contesting an allegation.
     3  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
     4  imposed  for  any  reason,  prior  to the holding of the hearing. If the
     5  hearing examiner shall make a determination on the  charges,  sustaining
     6  them,  he or she shall impose no greater penalty or fine than those upon
     7  which the person was originally charged.
     8    § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
     9  law,  as  separately  amended by sections 7-b of chapters 145 and 148 of
    10  the laws of 2019, are amended to read as follows:
    11    1. The hearing examiner shall make a  determination  on  the  charges,
    12  either  sustaining or dismissing them. Where the hearing examiner deter-
    13  mines that the charges have been sustained he or  she  may  examine  the
    14  prior parking violations record or the record of liabilities incurred in
    15  accordance  with  section eleven hundred eleven-e of this chapter of the
    16  person charged, or the record of liabilities incurred in accordance with
    17  section eleven hundred seventy-four-a of  this  chapter  of  the  person
    18  charged,  or  the  record  of  liabilities  incurred  in accordance with
    19  section eleven hundred eleven-d of this chapter of the  person  charged,
    20  or  the record of liabilities incurred in accordance with section eleven
    21  hundred eleven-c of this chapter, or the record of liabilities  incurred
    22  in  accordance  with section eleven hundred eighty-b of this chapter, or
    23  the record of liabilities incurred in  accordance  with  section  eleven
    24  hundred eighty-d of this chapter of the person charged, or the record of
    25  liabilities  incurred in accordance with section eleven hundred eighty-e
    26  of this chapter of the person charged, as applicable, prior to rendering
    27  a final determination. Final  determinations  sustaining  or  dismissing
    28  charges shall be entered on a final determination roll maintained by the
    29  bureau  together  with  records showing payment and nonpayment of penal-
    30  ties.
    31    2. Where an operator or owner fails to enter a plea to a charge  of  a
    32  parking  violation  or  contest an allegation of liability in accordance
    33  with section eleven hundred seventy-four-a of this chapter,  or  contest
    34  an  allegation  of  liability  in accordance with section eleven hundred
    35  eleven-e of this chapter, or  contest  an  allegation  of  liability  in
    36  accordance  with  section  eleven  hundred  eleven-d of this chapter, or
    37  fails to contest an allegation of liability in accordance  with  section
    38  eleven  hundred eleven-c of this chapter, or fails to contest an allega-
    39  tion of liability incurred in accordance  with  section  eleven  hundred
    40  eighty-b of this chapter, or fails to contest an allegation of liability
    41  incurred  in  accordance  with  section  eleven hundred eighty-d of this
    42  chapter, or fails to contest an  allegation  of  liability  incurred  in
    43  accordance  with  section  eleven  hundred  eighty-e of this chapter, or
    44  fails to appear on a designated hearing  date  or  subsequent  adjourned
    45  date  or  fails  after  a  hearing to comply with the determination of a
    46  hearing examiner, as prescribed by this article or by rule or regulation
    47  of the bureau, such failure to plead, appear or comply shall be  deemed,
    48  for  all  purposes,  an  admission of liability and shall be grounds for
    49  rendering and entering a default judgment in an amount provided  by  the
    50  rules  and  regulations  of the bureau. However, after the expiration of
    51  the original date prescribed for entering a plea and  before  a  default
    52  judgment  may be rendered, in such case the bureau shall pursuant to the
    53  applicable provisions of law notify such operator or owner, by such form
    54  of first class mail as the commission may direct; (1) of  the  violation
    55  charged,  or  liability in accordance with section eleven hundred seven-
    56  ty-four-a of this chapter, or liability in accordance with section elev-

        S. 4682--A                         32

     1  en hundred eleven-e of this chapter, or  liability  in  accordance  with
     2  section eleven hundred eleven-d of this chapter, or alleged liability in
     3  accordance  with  section  eleven  hundred  eleven-c  of this chapter or
     4  alleged  liability in accordance with section eleven hundred eighty-b of
     5  this chapter, or alleged liability in  accordance  with  section  eleven
     6  hundred  eighty-d  of  this  chapter,  or  liability  in accordance with
     7  section eleven hundred eighty-e of this  chapter  alleged,  (2)  of  the
     8  impending  default  judgment,  (3) that such judgment will be entered in
     9  the Civil Court of the city in which the bureau has been established, or
    10  other court of civil jurisdiction or any other place  provided  for  the
    11  entry  of  civil  judgments within the state of New York, and (4) that a
    12  default may be avoided by entering a plea or contesting an allegation of
    13  liability in accordance with section eleven  hundred  seventy-four-a  of
    14  this chapter or contesting an allegation of liability in accordance with
    15  section eleven hundred eleven-e of this chapter or contesting an allega-
    16  tion  of liability in accordance with section eleven hundred eleven-d of
    17  this chapter or contesting an allegation of liability in accordance with
    18  section eleven hundred eleven-c of this chapter or contesting an allega-
    19  tion of liability in accordance with section eleven hundred eighty-b  of
    20  this chapter or contesting an allegation of liability in accordance with
    21  section eleven hundred eighty-d of this chapter or contesting an allega-
    22  tion  of liability in accordance with section eleven hundred eighty-e of
    23  this chapter or making an appearance within thirty days of  the  sending
    24  of  such  notice.  Pleas  entered  and allegations contested within that
    25  period shall be in the manner prescribed in the notice and  not  subject
    26  to  additional penalty or fee. Such notice of impending default judgment
    27  shall not be required prior to the rendering and entry  thereof  in  the
    28  case  of  operators  or owners who are non-residents of the state of New
    29  York. In no  case  shall  a  default  judgment  be  rendered  or,  where
    30  required,  a notice of impending default judgment be sent, more than two
    31  years after the expiration of the time prescribed for entering a plea or
    32  contesting an allegation. When a person has demanded a hearing, no  fine
    33  or  penalty shall be imposed for any reason, prior to the holding of the
    34  hearing. If the hearing examiner  shall  make  a  determination  on  the
    35  charges,  sustaining  them, he or she shall impose no greater penalty or
    36  fine than those upon which the person was originally charged.
    37    § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    38  law,  as  separately  amended by sections 7-c of chapters 145 and 148 of
    39  the laws of 2019, are amended to read as follows:
    40    1. The hearing examiner shall make a  determination  on  the  charges,
    41  either  sustaining or dismissing them. Where the hearing examiner deter-
    42  mines that the charges have been sustained he or she may examine  either
    43  the  prior  parking  violations  record  or  the  record  of liabilities
    44  incurred in accordance with section  eleven  hundred  eleven-d  of  this
    45  chapter  of the person charged, or the record of liabilities incurred in
    46  accordance with section eleven hundred seventy-four-a of this chapter of
    47  the person charged, or the record of liabilities incurred in  accordance
    48  with  section  eleven  hundred  eleven-e  of  this chapter of the person
    49  charged or the record of liabilities incurred in accordance with section
    50  eleven hundred eighty-b of this chapter, or the  record  of  liabilities
    51  incurred  in  accordance  with  section  eleven hundred eighty-d of this
    52  chapter of the person charged, or the record of liabilities incurred  in
    53  accordance  with  section eleven hundred eighty-e of this chapter of the
    54  person charged, as applicable, prior to rendering a final determination.
    55  Final determinations sustaining or dismissing charges shall  be  entered

        S. 4682--A                         33

     1  on  a  final  determination  roll maintained by the bureau together with
     2  records showing payment and nonpayment of penalties.
     3    2.  Where  an operator or owner fails to enter a plea to a charge of a
     4  parking violation or contest an allegation of  liability  in  accordance
     5  with  section  eleven hundred seventy-four-a of this chapter, or contest
     6  an allegation of liability in accordance  with  section  eleven  hundred
     7  eleven-e  of  this  chapter  or  contest  an  allegation of liability in
     8  accordance with section eleven hundred eleven-d of this chapter or fails
     9  to contest an  allegation  of  liability  incurred  in  accordance  with
    10  section  eleven  hundred eighty-b of this chapter or fails to contest an
    11  allegation of liability  incurred  in  accordance  with  section  eleven
    12  hundred  eighty-d  of  this chapter or fails to contest an allegation of
    13  liability incurred in accordance with section eleven hundred eighty-e of
    14  this chapter or fails to appear on a designated hearing date  or  subse-
    15  quent  adjourned date or fails after a hearing to comply with the deter-
    16  mination of a hearing examiner, as prescribed by this article or by rule
    17  or regulation of the bureau, such failure to plead, contest,  appear  or
    18  comply  shall be deemed, for all purposes, an admission of liability and
    19  shall be grounds for rendering and entering a  default  judgment  in  an
    20  amount  provided  by  the  rules and regulations of the bureau. However,
    21  after the expiration of the original date prescribed for entering a plea
    22  and before a default judgment may be rendered, in such case  the  bureau
    23  shall  pursuant to the applicable provisions of law notify such operator
    24  or owner, by such form of first class mail as the commission may direct;
    25  (1) of the violation charged or liability  in  accordance  with  section
    26  eleven hundred seventy-four-a of this chapter or liability in accordance
    27  with  section  eleven  hundred  eleven-e of this chapter or liability in
    28  accordance with section eleven  hundred  eleven-d  of  this  chapter  or
    29  liability  in  accordance  with  section eleven hundred eighty-b of this
    30  chapter alleged, or liability in accordance with section eleven  hundred
    31  eighty-d  of  this  chapter  alleged,  or  liability  in accordance with
    32  section eleven hundred eighty-e of this  chapter  alleged,  (2)  of  the
    33  impending  default  judgment,  (3) that such judgment will be entered in
    34  the Civil Court of the city in which the bureau has been established, or
    35  other court of civil jurisdiction or any other place  provided  for  the
    36  entry  of  civil  judgments within the state of New York, and (4) that a
    37  default may be avoided by entering a plea or contesting an allegation of
    38  liability in accordance with section eleven  hundred  seventy-four-a  of
    39  this chapter or contesting an allegation of liability in accordance with
    40  section eleven hundred eleven-e of this chapter or contesting an allega-
    41  tion  of liability in accordance with section eleven hundred eleven-d of
    42  this chapter or contesting an allegation of liability in accordance with
    43  section eleven hundred eighty-b of this chapter or contesting an allega-
    44  tion of liability in accordance with section eleven hundred eighty-d  of
    45  this chapter or contesting an allegation of liability in accordance with
    46  section  eleven hundred eighty-e of this chapter or making an appearance
    47  within thirty days of the sending of  such  notice.  Pleas  entered  and
    48  allegations  contested  within  that  period  shall  be  in  the  manner
    49  prescribed in the notice and not subject to additional penalty  or  fee.
    50  Such notice of impending default judgment shall not be required prior to
    51  the  rendering  and entry thereof in the case of operators or owners who
    52  are non-residents of the state of New York. In no case shall  a  default
    53  judgment  be  rendered or, where required, a notice of impending default
    54  judgment be sent, more than two years after the expiration of  the  time
    55  prescribed  for  entering  a  plea or contesting an allegation.   When a
    56  person has demanded a hearing, no fine or penalty shall be  imposed  for

        S. 4682--A                         34

     1  any reason, prior to the holding of the hearing. If the hearing examiner
     2  shall  make  a  determination on the charges, sustaining them, he or she
     3  shall impose no greater penalty or fine than those upon which the person
     4  was originally charged.
     5    §  7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     6  law, as separately amended by sections 7-d of chapters 145  and  148  of
     7  the laws of 2019, are amended to read as follows:
     8    1.  The  hearing  examiner  shall make a determination on the charges,
     9  either sustaining or dismissing them. Where the hearing examiner  deter-
    10  mines  that the charges have been sustained he or she may examine either
    11  the prior  parking  violations  record  or  the  record  of  liabilities
    12  incurred  in  accordance  with  section eleven hundred seventy-four-a of
    13  this chapter of the person charged or the record of liabilities incurred
    14  in accordance with section eleven hundred eleven-e of  this  chapter  of
    15  the  person  charged or the record of liabilities incurred in accordance
    16  with section eleven hundred eleven-d  of  this  chapter  of  the  person
    17  charged or the record of liabilities incurred in accordance with section
    18  eleven  hundred  eighty-d  of this chapter of the person charged, or the
    19  record of liabilities incurred in accordance with section eleven hundred
    20  eighty-e of this chapter of the person charged, as applicable, prior  to
    21  rendering  a  final  determination.  Final  determinations sustaining or
    22  dismissing charges shall be entered on a final determination roll  main-
    23  tained  by  the bureau together with records showing payment and nonpay-
    24  ment of penalties.
    25    2. Where an operator or owner fails to enter a plea to a charge  of  a
    26  parking  violation  or  contest an allegation of liability in accordance
    27  with section eleven hundred seventy-four-a of this chapter,  or  contest
    28  an  allegation  of  liability  in accordance with section eleven hundred
    29  eleven-e of this chapter  or  contest  an  allegation  of  liability  in
    30  accordance  with  section  eleven  hundred  eleven-d  of this chapter or
    31  contest an allegation of liability incurred in accordance  with  section
    32  eleven  hundred  eighty-d  of  this  chapter or contest an allegation of
    33  liability incurred in accordance with section eleven hundred eighty-e of
    34  this chapter or fails to appear on a designated hearing date  or  subse-
    35  quent  adjourned date or fails after a hearing to comply with the deter-
    36  mination of a hearing examiner, as prescribed by this article or by rule
    37  or regulation of the bureau, such failure to plead, contest,  appear  or
    38  comply  shall be deemed, for all purposes, an admission of liability and
    39  shall be grounds for rendering and entering a  default  judgment  in  an
    40  amount  provided  by  the  rules and regulations of the bureau. However,
    41  after the expiration of the original date prescribed for entering a plea
    42  and before a default judgment may be rendered, in such case  the  bureau
    43  shall  pursuant to the applicable provisions of law notify such operator
    44  or owner, by such form of first class mail as the commission may direct;
    45  (1) of the violation charged or liability  in  accordance  with  section
    46  eleven hundred seventy-four-a of this chapter or liability in accordance
    47  with  section eleven hundred eleven-e of this chapter alleged or liabil-
    48  ity in accordance with section eleven hundred eleven-d of  this  chapter
    49  alleged  or liability in accordance with section eleven hundred eighty-d
    50  of this chapter alleged or liability in accordance with  section  eleven
    51  hundred  eighty-e  of this chapter alleged, (2) of the impending default
    52  judgment, (3) that such judgment will be entered in the Civil  Court  of
    53  the  city  in  which  the bureau has been established, or other court of
    54  civil jurisdiction or any other place provided for the  entry  of  civil
    55  judgments  within  the  state of New York, and (4) that a default may be
    56  avoided by entering a plea or contesting an allegation of  liability  in

        S. 4682--A                         35

     1  accordance with section eleven hundred seventy-four-a of this chapter or
     2  contesting  an allegation of liability in accordance with section eleven
     3  hundred eleven-e of this chapter or contesting an allegation of  liabil-
     4  ity  in  accordance with section eleven hundred eleven-d of this chapter
     5  or contesting an allegation of  liability  in  accordance  with  section
     6  eleven  hundred  eighty-d of this chapter or contesting an allegation of
     7  liability in accordance with section eleven  hundred  eighty-e  of  this
     8  chapter  or  making  an  appearance within thirty days of the sending of
     9  such notice. Pleas entered and allegations contested within that  period
    10  shall be in the manner prescribed in the notice and not subject to addi-
    11  tional  penalty or fee.  Such notice of impending default judgment shall
    12  not be required prior to the rendering and entry thereof in the case  of
    13  operators  or  owners who are non-residents of the state of New York. In
    14  no case shall a default judgment  be  rendered  or,  where  required,  a
    15  notice  of impending default judgment be sent, more than two years after
    16  the expiration of the time prescribed for entering a plea or  contesting
    17  an  allegation. When a person has demanded a hearing, no fine or penalty
    18  shall be imposed for any reason, prior to the holding of the hearing. If
    19  the hearing examiner shall make a determination on the charges, sustain-
    20  ing them, he or she shall impose no greater penalty or fine  than  those
    21  upon which the person was originally charged.
    22    §  7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    23  law, as separately amended by sections 7-e of chapters 145  and  148  of
    24  the laws of 2019, are amended to read as follows:
    25    1.  The  hearing  examiner  shall make a determination on the charges,
    26  either sustaining or dismissing them. Where the hearing examiner  deter-
    27  mines  that  the  charges  have been sustained he or she may examine the
    28  prior parking violations record or the record of liabilities incurred in
    29  accordance with section eleven hundred eleven-e of this chapter  of  the
    30  person  charged or the record of liabilities incurred in accordance with
    31  section eleven hundred eighty-d of this chapter or the record of liabil-
    32  ities incurred in accordance with section  eleven  hundred  eighty-e  of
    33  this  chapter of the person charged, as applicable, prior to rendering a
    34  final determination or the record of liabilities incurred in  accordance
    35  with section eleven hundred seventy-four-a of this chapter of the person
    36  charged,  as applicable, prior to rendering a final determination. Final
    37  determinations sustaining or dismissing charges shall be  entered  on  a
    38  final  determination roll maintained by the bureau together with records
    39  showing payment and nonpayment of penalties.
    40    2. Where an operator or owner fails to enter a plea to a charge  of  a
    41  parking  violation  or  contest an allegation of liability in accordance
    42  with section eleven hundred seventy-four-a of this chapter,  or  contest
    43  an  allegation  of  liability  in accordance with section eleven hundred
    44  eleven-e of this chapter or contest an allegation of liability  incurred
    45  in  accordance  with  section eleven hundred eighty-d of this chapter or
    46  contest an allegation of liability incurred in accordance  with  section
    47  eleven  hundred  eighty-e of this chapter or fails to appear on a desig-
    48  nated hearing date or subsequent adjourned date or fails after a hearing
    49  to comply with the determination of a hearing examiner, as prescribed by
    50  this article or by rule or regulation of the  bureau,  such  failure  to
    51  plead,  contest,  appear or comply shall be deemed, for all purposes, an
    52  admission of liability and shall be grounds for rendering and entering a
    53  default judgment in an amount provided by the rules and  regulations  of
    54  the   bureau.  However,  after  the  expiration  of  the  original  date
    55  prescribed for entering a plea and before  a  default  judgment  may  be
    56  rendered,  in  such  case  the  bureau  shall pursuant to the applicable

        S. 4682--A                         36

     1  provisions of law notify such operator or owner, by such form  of  first
     2  class mail as the commission may direct; (1) of the violation charged or
     3  liability  in  accordance  with  section eleven hundred eleven-e of this
     4  chapter  alleged  or liability in accordance with section eleven hundred
     5  seventy-four-a of this chapter or liability in accordance  with  section
     6  eleven  hundred eighty-d of this chapter alleged or liability in accord-
     7  ance with section eleven hundred eighty-e of this chapter  alleged,  (2)
     8  of  the  impending  default  judgment,  (3)  that  such judgment will be
     9  entered in the Civil Court of the city in  which  the  bureau  has  been
    10  established,  or  other  court  of civil jurisdiction or any other place
    11  provided for the entry of civil judgments within the state of New  York,
    12  and  (4)  that a default may be avoided by entering a plea or contesting
    13  an allegation of liability in accordance  with  section  eleven  hundred
    14  eleven-e  of  this  chapter  or contesting an allegation of liability in
    15  accordance with section eleven hundred seventy-four-a of this chapter or
    16  contesting an allegation of liability in accordance with section  eleven
    17  hundred  eighty-d of this chapter or contesting an allegation of liabil-
    18  ity in accordance with section eleven hundred eighty-e of  this  chapter
    19  or  making  an  appearance  within  thirty  days  of the sending of such
    20  notice.   Pleas entered and allegations  contested  within  that  period
    21  shall be in the manner prescribed in the notice and not subject to addi-
    22  tional  penalty  or fee. Such notice of impending default judgment shall
    23  not be required prior to the rendering and entry thereof in the case  of
    24  operators  or  owners who are non-residents of the state of New York. In
    25  no case shall a default judgment  be  rendered  or,  where  required,  a
    26  notice  of impending default judgment be sent, more than two years after
    27  the expiration of the time prescribed for entering a plea or  contesting
    28  an  allegation. When a person has demanded a hearing, no fine or penalty
    29  shall be imposed for any reason, prior to the holding of the hearing. If
    30  the hearing examiner shall make a determination on the charges, sustain-
    31  ing them, he or she shall impose no greater penalty or fine  than  those
    32  upon which the person was originally charged.
    33    §  7-g. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    34  law, as separately amended by sections 7-f of chapters 145  and  148  of
    35  the laws of 2019, are amended to read as follows:
    36    1.  The  hearing  examiner  shall make a determination on the charges,
    37  either sustaining or dismissing them. Where the hearing examiner  deter-
    38  mines  that  the  charges  have been sustained he or she may examine the
    39  prior parking violations record or the record of liabilities incurred in
    40  accordance with section eleven hundred seventy-four-a of this chapter or
    41  the record of liabilities incurred in  accordance  with  section  eleven
    42  hundred  eighty-d  of this chapter or the record of liabilities incurred
    43  in accordance with section eleven hundred eighty-e of  this  chapter  of
    44  the  person  charged, as applicable, prior to rendering a final determi-
    45  nation. Final determinations sustaining or dismissing charges  shall  be
    46  entered  on a final determination roll maintained by the bureau together
    47  with records showing payment and nonpayment of penalties.
    48    2. Where an operator or owner fails to enter a plea to a charge  of  a
    49  parking  violation  or  contest an allegation of liability in accordance
    50  with section eleven hundred seventy-four-a of this chapter,  or  contest
    51  an  allegation  of  liability incurred in accordance with section eleven
    52  hundred eighty-d of this chapter or contest an allegation  of  liability
    53  incurred  in  accordance  with  section  eleven hundred eighty-e of this
    54  chapter or fails to appear on a designated hearing  date  or  subsequent
    55  adjourned date or fails after a hearing to comply with the determination
    56  of a hearing examiner, as prescribed by this article or by rule or regu-

        S. 4682--A                         37

     1  lation  of  the bureau, such failure to plead, contest, appear or comply
     2  shall be deemed, for all purposes, an admission of liability  and  shall
     3  be  grounds  for  rendering and entering a default judgment in an amount
     4  provided  by the rules and regulations of the bureau. However, after the
     5  expiration of the original date  prescribed  for  entering  a  plea  and
     6  before a default judgment may be rendered, in such case the bureau shall
     7  pursuant  to  the  applicable  provisions of law notify such operator or
     8  owner, by such form of first class mail as the  commission  may  direct;
     9  (1)  of  the  violation  charged or liability in accordance with section
    10  eleven hundred eighty-d of this chapter alleged or liability in  accord-
    11  ance  with  section eleven hundred eighty-e of this chapter alleged, (2)
    12  of the impending default  judgment,  (3)  that  such  judgment  will  be
    13  entered  in  the  Civil  Court  of the city in which the bureau has been
    14  established, or other court of civil jurisdiction  or  any  other  place
    15  provided  for the entry of civil judgments within the state of New York,
    16  and (4) that a default may be avoided by entering a plea  or  contesting
    17  an  allegation  of  liability  in accordance with section eleven hundred
    18  eighty-d of this chapter or contesting an  allegation  of  liability  in
    19  accordance  with  section  eleven  hundred  eighty-e  of this chapter or
    20  making an appearance within thirty days of the sending of  such  notice.
    21  Pleas  entered  and allegations contested within that period shall be in
    22  the manner prescribed in the notice and not subject to additional penal-
    23  ty or fee. Such notice  of  impending  default  judgment  shall  not  be
    24  required  prior to the rendering and entry thereof in the case of opera-
    25  tors or owners who are non-residents of the state of  New  York.  In  no
    26  case  shall  a default judgment be rendered or, where required, a notice
    27  of impending default judgment be sent, more than  two  years  after  the
    28  expiration  of  the time prescribed for entering a plea or contesting an
    29  allegation. When a person has demanded a hearing,  no  fine  or  penalty
    30  shall be imposed for any reason, prior to the holding of the hearing. If
    31  the hearing examiner shall make a determination on the charges, sustain-
    32  ing  them,  he or she shall impose no greater penalty or fine than those
    33  upon which the person was originally charged.
    34    § 7-h. Subdivision 1 of section 241 of the vehicle and traffic law, as
    35  added by chapter 715 of the laws of 1972, is amended to read as follows:
    36    1. The hearing examiner shall make a  determination  on  the  charges,
    37  either  sustaining or dismissing them. Where the hearing examiner deter-
    38  mines that the charges have been sustained he or she may examine  either
    39  the  prior  parking  violations  record  or  the  record  of liabilities
    40  incurred in accordance with section  eleven  hundred  eighty-e  of  this
    41  chapter of the person charged, as applicable, prior to rendering a final
    42  determination.  Final  determinations  sustaining  or dismissing charges
    43  shall be entered on a final determination roll maintained by the  bureau
    44  together with records showing payment and nonpayment of penalties.
    45    § 7-i. Subdivision 2 of section 241 of the vehicle and traffic law, as
    46  amended  by  chapter  365  of  the  laws  of 1978, is amended to read as
    47  follows:
    48    2. Where an operator or owner fails to enter a plea to a charge  of  a
    49  parking  violation  or  contest  an  allegation of liability incurred in
    50  accordance with section eleven hundred eighty-e of this chapter or fails
    51  to appear on a designated hearing date or subsequent adjourned  date  or
    52  fails  after  a  hearing  to  comply with the determination of a hearing
    53  examiner, as prescribed by this article or by rule or regulation of  the
    54  bureau,  such  failure  to  plead,  contest,  appear  or comply shall be
    55  deemed, for all purposes, an admission of liability and shall be grounds
    56  for rendering and entering a default judgment in an amount  provided  by

        S. 4682--A                         38

     1  the  rules  and regulations of the bureau. However, after the expiration
     2  of the original date prescribed for entering a  plea  or  contesting  an
     3  allegation  and  before a default judgment may be rendered, in such case
     4  the  bureau  shall  pursuant  to the applicable provisions of law notify
     5  such operator or owner, by such form of first class mail as the  commis-
     6  sion  may  direct; (1) of the violation charged, or liability in accord-
     7  ance with section eleven hundred eighty-e of this chapter  alleged,  (2)
     8  of  the  impending  default  judgment,  (3)  that  such judgment will be
     9  entered in the Civil Court of the city in  which  the  bureau  has  been
    10  established,  or  other  court  of civil jurisdiction or any other place
    11  provided for the entry of civil judgments within the state of New  York,
    12  and  (4)  that a default may be avoided by entering a plea or contesting
    13  an allegation of liability in accordance  with  section  eleven  hundred
    14  eighty-e  of  this chapter or making an appearance within thirty days of
    15  the sending of such notice.  Pleas  entered  and  allegations  contested
    16  within  that  period shall be in the manner prescribed in the notice and
    17  not subject to additional penalty  or  fee.  Such  notice  of  impending
    18  default  judgment shall not be required prior to the rendering and entry
    19  thereof in the case of operators or owners who are non-residents of  the
    20  state  of  New York. In no case shall a default judgment be rendered or,
    21  where required, a notice of impending default  judgment  be  sent,  more
    22  than  two years after the expiration of the time prescribed for entering
    23  a plea or contesting an allegation. When a person has demanded  a  hear-
    24  ing,  no  fine  or penalty shall be imposed for any reason, prior to the
    25  holding of the hearing. If the hearing examiner shall  make  a  determi-
    26  nation on the charges, sustaining them, he or she shall impose no great-
    27  er  penalty  or  fine  than  those  upon which the person was originally
    28  charged.
    29    § 8. The vehicle and traffic law is amended by adding  a  new  section
    30  1180-e to read as follows:
    31    §  1180-e.  Owner  liability  for  failure  of operator to comply with
    32  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
    33  provision  of  law, the commissioner of transportation is hereby author-
    34  ized to establish a demonstration program imposing monetary liability on
    35  the owner of a vehicle for failure of an operator thereof to comply with
    36  posted maximum speed limits in a  highway  construction  or  maintenance
    37  work area when highway construction or maintenance work is occurring and
    38  located  on  an  interstate  or  auxiliary  interstate highway under the
    39  commissioner's jurisdiction (i) when a  work  area  speed  limit  is  in
    40  effect  as  provided  in paragraph two of subdivision (d) or subdivision
    41  (f) of section eleven hundred eighty of this article or (ii) when  other
    42  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    43  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    44  this  article. Such demonstration program shall empower the commissioner
    45  to install photo speed violation monitoring systems within no more  than
    46  fifteen highway construction or maintenance work areas located on inter-
    47  state  or  auxiliary interstate highways under the commissioner's juris-
    48  diction and to operate such systems when highway construction or mainte-
    49  nance work is occurring and within such work areas  (iii)  when  a  work
    50  area  speed  limit is in effect as provided in paragraph two of subdivi-
    51  sion (d) or subdivision (f) of section eleven  hundred  eighty  of  this
    52  article  or  (iv)  when  other speed limits are in effect as provided in
    53  subdivision (b) or (g) or paragraph one of subdivision  (d)  of  section
    54  eleven  hundred  eighty of this article.  The commissioner, in consulta-
    55  tion with the superintendent of the  division  of  state  police,  shall
    56  determine  the  location of the highway construction or maintenance work

        S. 4682--A                         39

     1  areas located on an interstate or auxiliary interstate highway under the
     2  jurisdiction of the commissioner in which to install and  operate  photo
     3  speed  violation monitoring systems. In selecting a highway construction
     4  or  maintenance  work area in which to install and operate a photo speed
     5  violation monitoring system, the commissioner  shall  consider  criteria
     6  including,  but not limited to, the speed data, crash history, and road-
     7  way geometry applicable to such highway construction or maintenance work
     8  area. A photo speed violation monitoring system shall not  be  installed
     9  or operated on an interstate or auxiliary interstate highway exit ramp.
    10    2.  Notwithstanding any other provision of law, after holding a public
    11  hearing in accordance  with  the  public  officers  law  and  subsequent
    12  approval  by  a majority of the members of the entire board the chair of
    13  the thruway authority is hereby authorized to establish a  demonstration
    14  program  imposing monetary liability on the owner of a vehicle for fail-
    15  ure of an operator thereof to comply with posted maximum speed limits in
    16  a  highway  construction  or  maintenance   work   area   when   highway
    17  construction or maintenance work is occurring and located on the thruway
    18  (i)  when  a work area speed limit is in effect as provided in paragraph
    19  two of subdivision (d) or subdivision  (f)  of  section  eleven  hundred
    20  eighty  of this article or (ii) when other speed limits are in effect as
    21  provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
    22  of  section  eleven  hundred  eighty of this article. Such demonstration
    23  program shall empower the chair to install photo speed  violation  moni-
    24  toring  systems within no more than five highway construction or mainte-
    25  nance work areas located on the thruway and to operate such systems when
    26  highway construction or maintenance work is occurring  and  within  such
    27  work  areas  (iii) when a work area speed limit is in effect as provided
    28  in paragraph two of subdivision (d) or subdivision (f) of section eleven
    29  hundred eighty of this article or (iv) when other speed  limits  are  in
    30  effect  as provided in subdivision (b) or (g) or paragraph one of subdi-
    31  vision (d) of section eleven hundred eighty of this article. The  chair,
    32  in consultation with the superintendent of the division of state police,
    33  shall  determine the location of the highway construction or maintenance
    34  work areas located on the thruway in which to install and operate  photo
    35  speed  violation monitoring systems. In selecting a highway construction
    36  or maintenance work area in which to install and operate a  photo  speed
    37  violation  monitoring  system, the chair shall consider criteria includ-
    38  ing, but not limited to, the speed  data,  crash  history,  and  roadway
    39  geometry  applicable  to  such  highway construction or maintenance work
    40  area. A photo speed violation monitoring system shall not  be  installed
    41  or operated on a thruway exit ramp.
    42    3. No photo speed violation monitoring system shall be used in a high-
    43  way construction or maintenance work area unless (i) on the day it is to
    44  be  used  it  has  successfully passed a self-test of its functions; and
    45  (ii) it has undergone an annual calibration check performed pursuant  to
    46  paragraph five of this subdivision. The commissioner or chair, as appli-
    47  cable,  shall  install  signs giving notice that a photo speed violation
    48  monitoring system is in use, in conformance with  standards  established
    49  in the MUTCD.
    50    4.  Operators  of  photo speed violation monitoring systems shall have
    51  completed training in the procedures for setting up, testing, and  oper-
    52  ating  such  systems. Each such operator shall complete and sign a daily
    53  set-up log for each such system that he or she operates that (i)  states
    54  the  date  and  time when, and the location where, the system was set up
    55  that day, and (ii) states that such operator successfully performed, and
    56  the system passed, the self-tests of  such  system  before  producing  a

        S. 4682--A                         40

     1  recorded  image  that day. The commissioner or the chair, as applicable,
     2  shall retain each such daily log until the later of the  date  on  which
     3  the photo speed violation monitoring system to which it applies has been
     4  permanently  removed  from  use  or  the  final  resolution of all cases
     5  involving notices of liability issued based on photographs,  microphoto-
     6  graphs, video or other recorded images produced by such system.
     7    5. Each photo speed violation monitoring system shall undergo an annu-
     8  al  calibration check performed by an independent calibration laboratory
     9  which shall issue a signed certificate of calibration. The  commissioner
    10  or  the chair, as applicable, shall keep each such annual certificate of
    11  calibration on file until the final resolution of all cases involving  a
    12  notice  of  liability issued during such year which were based on photo-
    13  graphs, microphotographs, videotape or other recorded images produced by
    14  such photo speed violation monitoring system.
    15    6. (i) Such demonstration program shall utilize necessary technologies
    16  to ensure, to the  extent  practicable,  that  photographs,  microphoto-
    17  graphs,  videotape or other recorded images produced by such photo speed
    18  violation monitoring systems shall not include images that identify  the
    19  driver, the passengers, or the contents of the vehicle. Provided, howev-
    20  er, that no notice of liability issued pursuant to this section shall be
    21  dismissed  solely  because such a photograph, microphotograph, videotape
    22  or other recorded image allows for the identification of the driver, the
    23  passengers, or the contents of vehicles where the  commissioner  or  the
    24  chair,  as applicable, shows that they made reasonable efforts to comply
    25  with the provisions of this paragraph in such case.
    26    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    27  image  from  a  photo speed violation monitoring system shall be for the
    28  exclusive use of the commissioner or the chair, as applicable,  for  the
    29  purpose  of  the  adjudication  of  liability  imposed  pursuant to this
    30  section and of the owner receiving a notice  of  liability  pursuant  to
    31  this  section,  and  shall be destroyed by the commissioner or chair, as
    32  applicable, upon the final resolution of  the  notice  of  liability  to
    33  which  such  photographs,  microphotographs, videotape or other recorded
    34  images relate, or one year following the date of issuance of such notice
    35  of liability, whichever is later. Notwithstanding the provisions of  any
    36  other  law, rule or regulation to the contrary, photographs, microphoto-
    37  graphs, videotape or  any  other  recorded  image  from  a  photo  speed
    38  violation monitoring system shall not be open to the public, nor subject
    39  to  civil  or  criminal  process  or discovery, nor used by any court or
    40  administrative or adjudicatory body in any action or proceeding  therein
    41  except  that  which  is  necessary  for  the adjudication of a notice of
    42  liability issued pursuant to this  section,  and  no  public  entity  or
    43  employee,  officer  or  agent  thereof  shall disclose such information,
    44  except that such photographs, microphotographs, videotape or  any  other
    45  recorded images from such systems:
    46    (A) shall be available for inspection and copying and use by the motor
    47  vehicle  owner and operator for so long as such photographs, microphoto-
    48  graphs, videotape or other recorded images are required to be maintained
    49  or are maintained by such public entity, employee, officer or agent; and
    50    (B) (1) shall be furnished when described in a search  warrant  issued
    51  by a court authorized to issue such a search warrant pursuant to article
    52  six  hundred  ninety  of  the  criminal procedure law or a federal court
    53  authorized to issue such a search warrant under federal law, where  such
    54  search  warrant  states  that  there is reasonable cause to believe such
    55  information constitutes evidence of, or tends  to  demonstrate  that,  a
    56  misdemeanor  or  felony  offense  was committed in this state or another

        S. 4682--A                         41

     1  state, or that a particular person participated in the commission  of  a
     2  misdemeanor  or felony offense in this state or another state, provided,
     3  however, that if such offense was against the laws of another state, the
     4  court  shall only issue a warrant if the conduct comprising such offense
     5  would, if occurring in this state, constitute a  misdemeanor  or  felony
     6  against the laws of this state; and
     7    (2) shall be furnished in response to a subpoena duces tecum signed by
     8  a  judge  of  competent  jurisdiction and issued pursuant to article six
     9  hundred ten of the criminal procedure law or a judge or magistrate of  a
    10  federal  court  authorized  to  issue  such a subpoena duces tecum under
    11  federal law, where the judge finds and the subpoena states that there is
    12  reasonable cause to believe such information is relevant and material to
    13  the prosecution, or the defense, or the investigation by  an  authorized
    14  law  enforcement official, of the alleged commission of a misdemeanor or
    15  felony in this state or another state, provided, however, that  if  such
    16  offense  was against the laws of another state, such judge or magistrate
    17  shall only issue such subpoena if the conduct  comprising  such  offense
    18  would, if occurring in this state, constitute a misdemeanor or felony in
    19  this state; and
    20    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    21  of this subparagraph and otherwise admissible, be used in such  criminal
    22  action or proceeding.
    23    (b)  If  the commissioner or chair establishes a demonstration program
    24  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
    25  shall  be  liable for a penalty imposed pursuant to this section if such
    26  vehicle was used or operated with the permission of the  owner,  express
    27  or  implied,  within  a  highway  construction  or maintenance work area
    28  located on a controlled-access highway under  the  jurisdiction  of  the
    29  commissioner or on the thruway in violation of paragraph two of subdivi-
    30  sion (d) or subdivision (f), or when other speed limits are in effect in
    31  violation of subdivision (b) or (g) or paragraph one of subdivision (d),
    32  of section eleven hundred eighty of this article, such vehicle was trav-
    33  eling  at a speed of more than ten miles per hour above the posted speed
    34  limit in effect within such highway  construction  or  maintenance  work
    35  area,  and  such  violation  is evidenced by information obtained from a
    36  photo speed violation monitoring system; provided however that no  owner
    37  of  a  vehicle  shall  be  liable for a penalty imposed pursuant to this
    38  section where the operator of such vehicle has  been  convicted  of  the
    39  underlying  violation  of  subdivision  (b),  (d), (f) or (g) of section
    40  eleven hundred eighty of this article.
    41    (c) For purposes of this section, the following terms shall  have  the
    42  following meanings:
    43    1. "chair" shall mean the chair of the New York state thruway authori-
    44  ty;
    45    2. "commissioner" shall mean the commissioner of transportation;
    46    3.  "manual  on uniform traffic control devices" or "MUTCD" shall mean
    47  the manual and specifications for a uniform system  of  traffic  control
    48  devices  maintained  by  the  commissioner of transportation pursuant to
    49  section sixteen hundred eighty of this chapter;
    50    4. "owner" shall have the meaning provided in article  two-B  of  this
    51  chapter;
    52    5.  "photo  speed  violation  monitoring  system" shall mean a vehicle
    53  sensor installed to work in conjunction with a  speed  measuring  device
    54  which automatically produces two or more photographs, two or more micro-
    55  photographs, a videotape or other recorded images of each vehicle at the
    56  time  it  is  used  or operated in a highway construction or maintenance

        S. 4682--A                         42

     1  work area located on a controlled-access highway under the  jurisdiction
     2  of  the  commissioner or on the thruway in violation of subdivision (b),
     3  (d), (f) or (g) of section eleven hundred  eighty  of  this  article  in
     4  accordance with the provisions of this section;
     5    6.  "thruway authority" shall mean the New York state thruway authori-
     6  ty, a body corporate  and  politic  constituting  a  public  corporation
     7  created  and  constituted  pursuant  to title nine of article two of the
     8  public authorities law; and
     9    7. "thruway" shall mean generally a divided highway under  the  juris-
    10  diction  of  the thruway authority for mixed traffic with access limited
    11  as the authority may determine and generally with grade  separations  at
    12  intersections.
    13    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    14  the commissioner or chair as applicable, or a facsimile  thereof,  based
    15  upon  inspection  of  photographs,  microphotographs, videotape or other
    16  recorded images produced by a photo speed violation  monitoring  system,
    17  shall be prima facie evidence of the facts contained therein. Any photo-
    18  graphs,  microphotographs, videotape or other recorded images evidencing
    19  such a violation shall include at least two date and time stamped images
    20  of the rear of the motor vehicle that include the same stationary object
    21  near the motor vehicle and shall be available for inspection  reasonably
    22  in advance of and at any proceeding to adjudicate the liability for such
    23  violation pursuant to this section.
    24    (e)  An  owner  liable for a violation of subdivision (b), (d), (f) or
    25  (g) of section eleven hundred eighty  of  this  article  pursuant  to  a
    26  demonstration  program  established  pursuant  to  this section shall be
    27  liable for monetary penalties not to exceed fifty dollars  for  a  first
    28  violation,  seventy-five dollars for a second violation committed within
    29  a period of eighteen months, and one hundred  dollars  for  a  third  or
    30  subsequent  violation  committed  within eighteen months of the previous
    31  violations; provided, however, that an additional penalty not in  excess
    32  of twenty-five dollars for each violation may be imposed for the failure
    33  to respond to a notice of liability within the prescribed time period.
    34    (f)  An imposition of liability under the demonstration program estab-
    35  lished pursuant to this section shall not be deemed a conviction  as  an
    36  operator  and  shall  not  be  made  part of the operating record of the
    37  person upon whom such liability is imposed nor  shall  it  be  used  for
    38  insurance purposes in the provision of motor vehicle insurance coverage.
    39    (g) 1. A notice of liability shall be sent by first class mail to each
    40  person  alleged  to be liable as an owner for a violation of subdivision
    41  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    42  pursuant to this section, within fourteen business days if such owner is
    43  a  resident  of  this  state and within forty-five business days if such
    44  owner is a non-resident. Personal delivery on the  owner  shall  not  be
    45  required.  A manual or automatic record of mailing prepared in the ordi-
    46  nary course of business shall be  prima  facie  evidence  of  the  facts
    47  contained therein.
    48    2.  A  notice  of  liability shall contain the name and address of the
    49  person alleged to be liable as an owner for a violation  of  subdivision
    50  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this article
    51  pursuant to  this  section,  the  registration  number  of  the  vehicle
    52  involved  in  such  violation,  the  location  where such violation took
    53  place, the date and time of such violation, the identification number of
    54  the camera which  recorded  the  violation  or  other  document  locator
    55  number,  at  least  two  date and time stamped images of the rear of the

        S. 4682--A                         43

     1  motor vehicle that include the same stationary  object  near  the  motor
     2  vehicle, and the certificate charging the liability.
     3    3.  The  notice  of  liability  shall contain information advising the
     4  person charged of the manner and the time in which he or she may contest
     5  the liability alleged in the notice. Such notice of liability shall also
     6  contain a prominent warning to advise the person charged that failure to
     7  contest in the manner and time provided shall be deemed an admission  of
     8  liability and that a default judgment may be entered thereon.
     9    4. The notice of liability shall be prepared and mailed by the commis-
    10  sioner  or chair as applicable, or by any other entity authorized by the
    11  commissioner or chair to prepare and mail such notice of liability.
    12    (h) Adjudication of the liability imposed upon owners of this  section
    13  shall  be by a traffic violations bureau established pursuant to section
    14  three hundred seventy of the general municipal law where  the  violation
    15  occurred  or,  if  there  be none, by the court having jurisdiction over
    16  traffic infractions where the violation occurred, except that if a  city
    17  has  established  an  administrative  tribunal  to  hear  and  determine
    18  complaints of traffic  infractions  constituting  parking,  standing  or
    19  stopping  violations such city may, by local law, authorize such adjudi-
    20  cation by such tribunal.
    21    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    22  section for any time period during which the vehicle or the number plate
    23  or  plates  of  such  vehicle  was  reported to the police department as
    24  having been stolen, it shall be a valid  defense  to  an  allegation  of
    25  liability for a violation of subdivision (b), (d), (f) or (g) of section
    26  eleven  hundred eighty of this article pursuant to this section that the
    27  vehicle or the number plate or plates of such vehicle had been  reported
    28  to the police as stolen prior to the time the violation occurred and had
    29  not  been  recovered by such time. For purposes of asserting the defense
    30  provided by this subdivision, it shall be sufficient  that  a  certified
    31  copy  of  the  police  report  on  the stolen vehicle or number plate or
    32  plates of such vehicle be sent  by  first  class  mail  to  the  traffic
    33  violations  bureau,  court  having  jurisdiction  or  parking violations
    34  bureau.
    35    (j) 1. Where the adjudication of liability imposed upon owners  pursu-
    36  ant  to this section is by a traffic violations bureau or a court having
    37  jurisdiction, an owner who is a lessor of a vehicle to which a notice of
    38  liability was issued pursuant to subdivision (g) of this  section  shall
    39  not  be  liable for the violation of subdivision (b), (d), (f) or (g) of
    40  section eleven hundred eighty of this article pursuant to this  section,
    41  provided  that he or she sends to the traffic violations bureau or court
    42  having jurisdiction a copy of the rental, lease or other  such  contract
    43  document  covering  such  vehicle on the date of the violation, with the
    44  name and address of the lessee clearly legible, within thirty-seven days
    45  after receiving notice from the bureau or court of the date and time  of
    46  such  violation,  together  with  the other information contained in the
    47  original notice of liability. Failure to send  such  information  within
    48  such  thirty-seven day time period shall render the owner liable for the
    49  penalty prescribed by this section.  Where the lessor complies with  the
    50  provisions  of this paragraph, the lessee of such vehicle on the date of
    51  such violation shall be deemed to be  the  owner  of  such  vehicle  for
    52  purposes  of  this  section,  shall  be  subject  to  liability  for the
    53  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
    54  eighty  of  this  article  pursuant  to this section and shall be sent a
    55  notice of liability pursuant to subdivision (g) of this section.

        S. 4682--A                         44

     1    2. (i) In a city which, by local law, has authorized the  adjudication
     2  of liability imposed upon owners by this section by a parking violations
     3  bureau,  an  owner  who  is  a  lessor of a vehicle to which a notice of
     4  liability was issued pursuant to subdivision (g) of this  section  shall
     5  not  be  liable for the violation of subdivision (b), (d), (f) or (g) of
     6  section eleven hundred eighty of this article, provided that:
     7    (A) prior to the violation, the lessor has filed with  the  bureau  in
     8  accordance  with  the  provisions  of section two hundred thirty-nine of
     9  this chapter; and
    10    (B) within thirty-seven days after receiving notice from the bureau of
    11  the date and time of a liability, together with  the  other  information
    12  contained in the original notice of liability, the lessor submits to the
    13  bureau the correct name and address of the lessee of the vehicle identi-
    14  fied  in the notice of liability at the time of such violation, together
    15  with such other additional information contained in the rental, lease or
    16  other contract document, as may be reasonably  required  by  the  bureau
    17  pursuant to regulations that may be promulgated for such purpose.
    18    (ii)  Failure  to  comply  with clause (B) of subparagraph (i) of this
    19  paragraph shall render the owner liable for the  penalty  prescribed  in
    20  this section.
    21    (iii) Where the lessor complies with the provisions of this paragraph,
    22  the lessee of such vehicle on the date of such violation shall be deemed
    23  to  be  the owner of such vehicle for purposes of this section, shall be
    24  subject to liability for such violation pursuant  to  this  section  and
    25  shall  be sent a notice of liability pursuant to subdivision (g) of this
    26  section.
    27    (k) 1. If the owner liable for a violation of  subdivision  (b),  (d),
    28  (f)  or (g) of section eleven hundred eighty of this article pursuant to
    29  this section was not the operator of the vehicle  at  the  time  of  the
    30  violation,  the owner may maintain an action for indemnification against
    31  the operator.
    32    2. Notwithstanding any other provision of this section, no owner of  a
    33  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    34  section if the operator of such vehicle was operating such vehicle with-
    35  out the consent of the owner at the time  such  operator  operated  such
    36  vehicle  in  violation  of  subdivision  (b), (d), (f) or (g) of section
    37  eleven hundred eighty of this article.  For purposes of this subdivision
    38  there shall be a presumption that the operator of such vehicle was oper-
    39  ating such vehicle with the consent of the owner at the time such opera-
    40  tor operated such vehicle in violation of subdivision (b), (d),  (f)  or
    41  (g) of section eleven hundred eighty of this article.
    42    (l)  Nothing in this section shall be construed to limit the liability
    43  of an operator of a vehicle for any violation of subdivision  (b),  (d),
    44  (f) or (g) of section eleven hundred eighty of this article.
    45    (m) If the commissioner or chair adopts a demonstration program pursu-
    46  ant  to  subdivision  (a)  of this section the commissioner or chair, as
    47  applicable, shall conduct a study and submit a report on the results  of
    48  the use of photo devices to the governor, the temporary president of the
    49  senate  and  the  speaker  of  the assembly on or before June first, two
    50  thousand twenty-one and on the same date  in  each  succeeding  year  in
    51  which  the demonstration program is operable.  The commissioner or chair
    52  shall also make such reports available on their public-facing  websites,
    53  provided that they may provide aggregate data from paragraph one of this
    54  subdivision  if the commissioner or chair finds that publishing specific
    55  location data  would  jeopardize  public  safety.    Such  report  shall
    56  include:

        S. 4682--A                         45

     1    1. the locations where and dates when photo speed violation monitoring
     2  systems were used;
     3    2.  the  aggregate  number,  type and severity of crashes, fatalities,
     4  injuries and property damage reported within all highway construction or
     5  maintenance work areas on controlled-access highways under the jurisdic-
     6  tion of the commissioner or on the thruway, to the extent  the  informa-
     7  tion is maintained by the commissioner, chair or the department of motor
     8  vehicles of this state;
     9    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    10  injuries and property damage reported  within  highway  construction  or
    11  maintenance  work  areas  where photo speed violation monitoring systems
    12  were used, to the extent the information is maintained  by  the  commis-
    13  sioner, chair or the department of motor vehicles of this state;
    14    4.  the  number of violations recorded within all highway construction
    15  or maintenance work areas on controlled-access highways under the juris-
    16  diction of the commissioner or on the thruway, in  the  aggregate  on  a
    17  daily,  weekly  and monthly basis to the extent the information is main-
    18  tained by the commissioner, chair or the department of motor vehicles of
    19  this state;
    20    5. the number of violations recorded within each highway  construction
    21  or maintenance work area where a photo speed violation monitoring system
    22  is used, in the aggregate on a daily, weekly and monthly basis;
    23    6.  to  the  extent the information is maintained by the commissioner,
    24  chair or the department of motor vehicles of this state, the  number  of
    25  violations  recorded within all highway construction or maintenance work
    26  areas on  controlled-access  highways  under  the  jurisdiction  of  the
    27  commissioner or on the thruway that were:
    28    (i)  more  than  ten  but not more than twenty miles per hour over the
    29  posted speed limit;
    30    (ii) more than twenty but not more than thirty miles per hour over the
    31  posted speed limit;
    32    (iii) more than thirty but not more than forty miles per hour over the
    33  posted speed limit; and
    34    (iv) more than forty miles per hour over the posted speed limit;
    35    7. the number of violations recorded within each highway  construction
    36  or maintenance work area where a photo speed violation monitoring system
    37  is used that were:
    38    (i)  more  than  ten  but not more than twenty miles per hour over the
    39  posted speed limit;
    40    (ii) more than twenty but not more than thirty miles per hour over the
    41  posted speed limit;
    42    (iii) more than thirty but not more than forty miles per hour over the
    43  posted speed limit; and
    44    (iv) more than forty miles per hour over the posted speed limit;
    45    8. the total number of notices  of  liability  issued  for  violations
    46  recorded by such systems;
    47    9.  the number of fines and total amount of fines paid after the first
    48  notice of liability issued for violations recorded by such  systems,  to
    49  the  extent  the information is maintained by the commissioner, chair or
    50  the department of motor vehicles of this state;
    51    10. the number of violations adjudicated and the results of such adju-
    52  dications including  breakdowns  of  dispositions  made  for  violations
    53  recorded by such systems, to the extent the information is maintained by
    54  the  commissioner,  chair  or  the  department of motor vehicles of this
    55  state;

        S. 4682--A                         46

     1    11. the total amount of revenue  realized  by  the  state  or  thruway
     2  authority in connection with the program;
     3    12.  the  expenses  incurred  by the state or the thruway authority in
     4  connection with the program;
     5    13. an itemized list of expenditures made by the state and the thruway
     6  authority on work zone safety projects in accordance  with  subdivisions
     7  eleven and twelve of section eighteen hundred three of this chapter; and
     8    14.  the  quality  of the adjudication process and its results, to the
     9  extent the information is maintained by the commissioner, chair  or  the
    10  department of motor vehicles of this state.
    11    (n) It shall be a defense to any prosecution for a violation of subdi-
    12  vision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this
    13  article pursuant to this section that such photo speed  violation  moni-
    14  toring system was malfunctioning at the time of the alleged violation.
    15    §  9.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    16  section 1809 of the vehicle and traffic law, as  separately  amended  by
    17  section  10  of  chapter 145 and section 9 of chapter 148 of the laws of
    18  2019, are amended to read as follows:
    19    Whenever proceedings in an administrative tribunal or a court of  this
    20  state  result  in  a  conviction  for an offense under this chapter or a
    21  traffic infraction under this chapter, or a local law,  ordinance,  rule
    22  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    23  infraction involving standing, stopping, or  parking  or  violations  by
    24  pedestrians or bicyclists, or other than an adjudication of liability of
    25  an  owner  for  a violation of subdivision (d) of section eleven hundred
    26  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    27  eleven-a  of this chapter, or other than an adjudication of liability of
    28  an owner for a violation of subdivision (d) of  section  eleven  hundred
    29  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    30  eleven-b of this chapter, or other than an  adjudication  in  accordance
    31  with  section eleven hundred eleven-c of this chapter for a violation of
    32  a bus lane restriction as defined in such  section,  or  other  than  an
    33  adjudication of liability of an owner for a violation of subdivision (d)
    34  of  section  eleven  hundred  eleven  of this chapter in accordance with
    35  section eleven hundred eleven-d of this chapter, or other than an  adju-
    36  dication  of  liability  of an owner for a violation of subdivision (b),
    37  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    38  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    39  other  than  an adjudication of liability of an owner for a violation of
    40  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    41  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    42  other than an adjudication of liability of an owner for a  violation  of
    43  section  eleven  hundred seventy-four of this chapter in accordance with
    44  section eleven hundred seventy-four-a of this chapter, or other than  an
    45  adjudication  of  liability  of  an owner for a violation of subdivision
    46  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    47  ter in accordance with section eleven hundred eighty-d of this  chapter,
    48  or  other  than an adjudication of liability of an owner for a violation
    49  of subdivision (b), (d), (f) or (g) of section eleven hundred eighty  of
    50  this  chapter in accordance with section eleven hundred eighty-e of this
    51  chapter, there shall be levied a  crime  victim  assistance  fee  and  a
    52  mandatory  surcharge,  in addition to any sentence required or permitted
    53  by law, in accordance with the following schedule:
    54    (c) Whenever proceedings in an administrative tribunal or a  court  of
    55  this  state  result  in  a  conviction for an offense under this chapter
    56  other than a crime pursuant to section eleven hundred ninety-two of this

        S. 4682--A                         47

     1  chapter, or a traffic infraction under this chapter,  or  a  local  law,
     2  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
     3  than a traffic infraction involving standing, stopping,  or  parking  or
     4  violations  by  pedestrians or bicyclists, or other than an adjudication
     5  of liability of an owner for a violation of subdivision (d)  of  section
     6  eleven  hundred eleven of this chapter in accordance with section eleven
     7  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
     8  liability  of  an  owner  for  a violation of subdivision (d) of section
     9  eleven hundred eleven of this chapter in accordance with section  eleven
    10  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
    11  liability of an owner for a violation  of  subdivision  (d)  of  section
    12  eleven  hundred eleven of this chapter in accordance with section eleven
    13  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    14  to article nine of this chapter or other than an adjudication of liabil-
    15  ity  of an owner for a violation of toll collection regulations pursuant
    16  to section two thousand nine hundred eighty-five of the public  authori-
    17  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    18  hundred seventy-four of the laws of nineteen hundred fifty or other than
    19  an  adjudication  in  accordance with section eleven hundred eleven-c of
    20  this chapter for a violation of a bus lane  restriction  as  defined  in
    21  such section, or other than an adjudication of liability of an owner for
    22  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    23  hundred eighty of this chapter in accordance with section eleven hundred
    24  eighty-b of this chapter, or other than an adjudication of liability  of
    25  an  owner  for  a violation of subdivision (d) of section eleven hundred
    26  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    27  eleven-e  of this chapter, or other than an adjudication of liability of
    28  an owner for a violation of section eleven hundred seventy-four of  this
    29  chapter in accordance with section eleven hundred seventy-four-a of this
    30  chapter,  or  other  than an adjudication of liability of an owner for a
    31  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    32  hundred eighty of this chapter in accordance with section eleven hundred
    33  eighty-d  of this chapter, or other than an adjudication of liability of
    34  an owner for a violation of subdivision (b), (d), (f) or (g) of  section
    35  eleven  hundred eighty of this chapter in accordance with section eleven
    36  hundred eighty-e of this chapter, there shall be levied a  crime  victim
    37  assistance  fee in the amount of five dollars and a mandatory surcharge,
    38  in addition to any sentence required or permitted by law, in the  amount
    39  of fifty-five dollars.
    40    §  9-a.  The  opening  paragraph and paragraph (c) of subdivision 1 of
    41  section 1809 of the vehicle and traffic law, as amended by section 10 of
    42  chapter 145 of the laws of 2019, are amended to read as follows:
    43    Whenever proceedings in an administrative tribunal or a court of  this
    44  state  result  in  a  conviction  for an offense under this chapter or a
    45  traffic infraction under this chapter, or a local law,  ordinance,  rule
    46  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    47  infraction involving standing, stopping, or  parking  or  violations  by
    48  pedestrians or bicyclists, or other than an adjudication of liability of
    49  an  owner  for  a violation of subdivision (d) of section eleven hundred
    50  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    51  eleven-a  of this chapter, or other than an adjudication of liability of
    52  an owner for a violation of subdivision (d) of  section  eleven  hundred
    53  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    54  eleven-b of this chapter, or other than an  adjudication  in  accordance
    55  with  section eleven hundred eleven-c of this chapter for a violation of
    56  a bus lane restriction as defined in such  section,  or  other  than  an

        S. 4682--A                         48

     1  adjudication of liability of an owner for a violation of subdivision (d)
     2  of  section  eleven  hundred  eleven  of this chapter in accordance with
     3  section eleven hundred eleven-d of this chapter, or other than an  adju-
     4  dication  of  liability  of an owner for a violation of subdivision (b),
     5  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     6  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
     7  other  than  an adjudication of liability of an owner for a violation of
     8  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
     9  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    10  other than an adjudication of liability of an owner for a  violation  of
    11  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    12  this chapter in accordance with section eleven hundred eighty-e of  this
    13  chapter,  or  other  than an adjudication of liability of an owner for a
    14  violation of section eleven hundred  seventy-four  of  this  chapter  in
    15  accordance  with  section eleven hundred seventy-four-a of this chapter,
    16  there shall be levied a crime victim  assistance  fee  and  a  mandatory
    17  surcharge,  in addition to any sentence required or permitted by law, in
    18  accordance with the following schedule:
    19    (c) Whenever proceedings in an administrative tribunal or a  court  of
    20  this  state  result  in  a  conviction for an offense under this chapter
    21  other than a crime pursuant to section eleven hundred ninety-two of this
    22  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    23  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    24  than a traffic infraction involving standing, stopping,  or  parking  or
    25  violations  by  pedestrians or bicyclists, or other than an adjudication
    26  of liability of an owner for a violation of subdivision (d)  of  section
    27  eleven  hundred eleven of this chapter in accordance with section eleven
    28  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    29  liability  of  an  owner  for  a violation of subdivision (d) of section
    30  eleven hundred eleven of this chapter in accordance with section  eleven
    31  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
    32  liability of an owner for a violation  of  subdivision  (d)  of  section
    33  eleven  hundred eleven of this chapter in accordance with section eleven
    34  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    35  to article nine of this chapter or other than an adjudication of liabil-
    36  ity  of an owner for a violation of toll collection regulations pursuant
    37  to section two thousand nine hundred eighty-five of the public  authori-
    38  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    39  hundred seventy-four of the laws of nineteen hundred fifty or other than
    40  an  adjudication  in  accordance with section eleven hundred eleven-c of
    41  this chapter for a violation of a bus lane  restriction  as  defined  in
    42  such section, or other than an adjudication of liability of an owner for
    43  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    44  hundred eighty of this chapter in accordance with section eleven hundred
    45  eighty-b of this chapter, or other than an adjudication of liability  of
    46  an  owner  for  a violation of subdivision (d) of section eleven hundred
    47  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    48  eleven-e  of this chapter, or other than an adjudication of liability of
    49  an owner for a violation of subdivision (b), (d), (f) or (g) of  section
    50  eleven  hundred eighty of this chapter in accordance with section eleven
    51  hundred eighty-e of this chapter,  or  other  than  an  adjudication  of
    52  liability  of  an owner for a violation of section eleven hundred seven-
    53  ty-four of this chapter in accordance with section eleven hundred seven-
    54  ty-four-a of this chapter, there shall be levied a crime victim  assist-
    55  ance  fee  in  the  amount of five dollars and a mandatory surcharge, in

        S. 4682--A                         49

     1  addition to any sentence required or permitted by law, in the amount  of
     2  fifty-five dollars.
     3    §  9-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     4  as separately amended by section 10-a of chapter 145 and section 9-a  of
     5  chapter 148 of the laws of 2019, is amended to read as follows:
     6    1.  Whenever  proceedings  in an administrative tribunal or a court of
     7  this state result in a conviction for a crime under this  chapter  or  a
     8  traffic  infraction  under this chapter, or a local law, ordinance, rule
     9  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    10  infraction involving standing, stopping, parking or motor vehicle equip-
    11  ment  or violations by pedestrians or bicyclists, or other than an adju-
    12  dication of liability of an owner for a violation of subdivision (d)  of
    13  section eleven hundred eleven of this chapter in accordance with section
    14  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    15  of liability of an owner for a violation of subdivision (d)  of  section
    16  eleven  hundred eleven of this chapter in accordance with section eleven
    17  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    18  accordance  with  section  eleven hundred eleven-c of this chapter for a
    19  violation of a bus lane restriction as defined in such section, or other
    20  than an adjudication of liability of an owner for a violation of  subdi-
    21  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    22  ance with section eleven hundred eleven-d of this chapter, or other than
    23  an adjudication of liability of an owner for a violation of  subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter  in accordance with section eleven hundred eighty-b of this chapter,
    26  or other than an adjudication of liability of an owner for  a  violation
    27  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    28  eighty of this chapter in accordance with section eleven hundred  eight-
    29  y-d  of  this  chapter, or other than an adjudication of liability of an
    30  owner for a violation of subdivision (b), (d), (f)  or  (g)  of  section
    31  eleven  hundred eighty of this chapter in accordance with section eleven
    32  hundred eighty-e of this chapter,  or  other  than  an  adjudication  of
    33  liability  of  an  owner  for  a violation of subdivision (d) of section
    34  eleven hundred eleven of this chapter in accordance with section  eleven
    35  hundred  eleven-e  of  this  chapter,  or  other than an adjudication of
    36  liability of an owner for a violation of section eleven  hundred  seven-
    37  ty-four of this chapter in accordance with section eleven hundred seven-
    38  ty-four-a  of this chapter, there shall be levied a mandatory surcharge,
    39  in addition to any sentence required or permitted by law, in the  amount
    40  of twenty-five dollars.
    41    §  9-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    42  as separately amended by section 10-b of chapter 145 and section 9-b  of
    43  chapter 148 of the laws of 2019, is amended to read as follows:
    44    1.  Whenever  proceedings  in an administrative tribunal or a court of
    45  this state result in a conviction for a crime under this  chapter  or  a
    46  traffic  infraction  under  this chapter other than a traffic infraction
    47  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    48  violations  by  pedestrians or bicyclists, or other than an adjudication
    49  in accordance with section eleven hundred eleven-c of this chapter for a
    50  violation of a bus lane restriction as defined in such section, or other
    51  than an adjudication of liability of an owner for a violation of  subdi-
    52  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    53  ance with section eleven hundred eleven-d of this chapter, or other than
    54  an adjudication of liability of an owner for a violation of  subdivision
    55  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    56  ter  in accordance with section eleven hundred eighty-d of this chapter,

        S. 4682--A                         50

     1  or other than an adjudication of liability of an owner for  a  violation
     2  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
     3  this chapter in accordance with section eleven hundred eighty-e of  this
     4  chapter,  or  other  than an adjudication of liability of an owner for a
     5  violation of subdivision (d) of section eleven hundred  eleven  of  this
     6  chapter in accordance with section eleven hundred eleven-e of this chap-
     7  ter,  or  other  than  an  adjudication  of  liability of an owner for a
     8  violation of section eleven hundred  seventy-four  of  this  chapter  in
     9  accordance  with  section eleven hundred seventy-four-a of this chapter,
    10  there shall be levied a mandatory surcharge, in addition to any sentence
    11  required or permitted by law, in the amount of seventeen dollars.
    12    § 9-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    13  as  separately amended by section 10-c of chapter 145 and section 9-c of
    14  chapter 148 of the laws of 2019, is amended to read as follows:
    15    1. Whenever proceedings in an administrative tribunal or  a  court  of
    16  this  state  result  in a conviction for a crime under this chapter or a
    17  traffic infraction under this chapter other than  a  traffic  infraction
    18  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    19  violations by pedestrians or bicyclists, or other than  an  adjudication
    20  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    21  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    22  ance with section eleven hundred eighty-b of this chapter, or other than
    23  an  adjudication of liability of an owner for a violation of subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    25  ter in accordance with section eleven hundred eighty-d of this  chapter,
    26  or  other  than an adjudication of liability of an owner for a violation
    27  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    28  accordance  with  section  eleven  hundred  eleven-d of this chapter, or
    29  other than an adjudication of liability of an owner for a  violation  of
    30  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    31  this chapter in accordance with section eleven hundred eighty-e of  this
    32  chapter,  or  other  than an adjudication of liability of an owner for a
    33  violation of subdivision (d) of section eleven hundred  eleven  of  this
    34  chapter in accordance with section eleven hundred eleven-e of this chap-
    35  ter,  or  other  than  an  adjudication  of  liability of an owner for a
    36  violation of section eleven hundred  seventy-four  of  this  chapter  in
    37  accordance  with  section eleven hundred seventy-four-a of this chapter,
    38  there shall be levied a mandatory surcharge, in addition to any sentence
    39  required or permitted by law, in the amount of seventeen dollars.
    40    § 9-e. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    41  as  separately amended by section 10-d of chapter 145 and section 9-d of
    42  chapter 148 of the laws of 2019, is amended to read as follows:
    43    1. Whenever proceedings in an administrative tribunal or  a  court  of
    44  this  state  result  in a conviction for a crime under this chapter or a
    45  traffic infraction under this chapter other than  a  traffic  infraction
    46  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    47  violations by pedestrians or bicyclists, or other than  an  adjudication
    48  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    49  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    50  ance with section eleven hundred eighty-d of this chapter, or other than
    51  an  adjudication of liability of an owner for a violation of subdivision
    52  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    53  accordance with section eleven hundred  eighty-e  of  this  chapter,  or
    54  other  than  an adjudication of liability of an owner for a violation of
    55  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    56  accordance  with  section  eleven  hundred  eleven-d of this chapter, or

        S. 4682--A                         51

     1  other than an adjudication of liability of an owner for a  violation  of
     2  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
     3  accordance with section eleven hundred  eleven-e  of  this  chapter,  or
     4  other  than  an adjudication of liability of an owner for a violation of
     5  section eleven hundred seventy-four of this chapter in  accordance  with
     6  section  eleven  hundred  seventy-four-a of this chapter, there shall be
     7  levied a mandatory surcharge, in addition to any  sentence  required  or
     8  permitted by law, in the amount of seventeen dollars.
     9    §  9-f.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    10  as separately amended by section 10-f of chapter 145 and section 9-f  of
    11  chapter 148 of the laws of 2019, is amended to read as follows:
    12    1.  Whenever  proceedings  in an administrative tribunal or a court of
    13  this state result in a conviction for a crime under this  chapter  or  a
    14  traffic  infraction  under  this chapter other than a traffic infraction
    15  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    16  violations  by  pedestrians or bicyclists, or other than an adjudication
    17  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    18  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    19  ance with section eleven hundred eighty-d of this chapter, or other than
    20  an adjudication of liability of an owner for a violation of  subdivision
    21  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    22  accordance  with  section  eleven  hundred  eighty-e of this chapter, or
    23  other than an adjudication of liability of an owner for a  violation  of
    24  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
    25  accordance with section eleven hundred  eleven-e  of  this  chapter,  or
    26  other  than  an adjudication of liability of an owner for a violation of
    27  section eleven hundred seventy-four of this chapter in  accordance  with
    28  section  eleven  hundred  seventy-four-a of this chapter, there shall be
    29  levied a mandatory surcharge, in addition to any  sentence  required  or
    30  permitted by law, in the amount of seventeen dollars.
    31    §  9-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    32  as separately amended by section 10-g of chapter 145 and section 9-g  of
    33  chapter 148 of the laws of 2019, is amended to read as follows:
    34    1.  Whenever  proceedings  in an administrative tribunal or a court of
    35  this state result in a conviction for a crime under this  chapter  or  a
    36  traffic  infraction  under  this chapter other than a traffic infraction
    37  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    38  violations  by  pedestrians or bicyclists, or other than an adjudication
    39  of liability of an owner for a violation of subdivision (b), (d), (f) or
    40  (g) of section eleven hundred eighty of this chapter in accordance  with
    41  section  eleven hundred eighty-d of this chapter, or other than an adju-
    42  dication of liability of an owner for a violation  of  subdivision  (b),
    43  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    44  accordance with section eleven hundred  eighty-e  of  this  chapter,  or
    45  other  than  an adjudication of liability of an owner for a violation of
    46  section eleven hundred seventy-four of this chapter in  accordance  with
    47  section  eleven  hundred  seventy-four-a of this chapter, there shall be
    48  levied a mandatory surcharge, in addition to any  sentence  required  or
    49  permitted by law, in the amount of seventeen dollars.
    50    §  9-h.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    51  as separately amended by chapter 16 of the laws of 1983 and  chapter  62
    52  of the laws of 1989, is amended to read as follows:
    53    1.  Whenever  proceedings  in an administrative tribunal or a court of
    54  this state result in a conviction for a crime under this  chapter  or  a
    55  traffic  infraction  under  this chapter other than a traffic infraction
    56  involving standing, stopping, parking  or  motor  vehicle  equipment  or

        S. 4682--A                         52

     1  violations  by  pedestrians or bicyclists, or other than an adjudication
     2  of liability of an owner for a violation of subdivision (b), (d), (f) or
     3  (g) of section eleven hundred eighty of this chapter in accordance  with
     4  section eleven hundred eighty-e of this chapter, there shall be levied a
     5  mandatory  surcharge,  in addition to any sentence required or permitted
     6  by law, in the amount of seventeen dollars.
     7    § 10. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
     8  and  traffic law, as separately amended by section 11 of chapter 145 and
     9  section 10 of chapter 148 of the laws of 2019, is  amended  to  read  as
    10  follows:
    11    a. Notwithstanding any other provision of law, whenever proceedings in
    12  a  court  or  an  administrative  tribunal  of  this  state  result in a
    13  conviction for an offense under this chapter, except a conviction pursu-
    14  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    15  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    16  regulation adopted pursuant to this chapter, except a traffic infraction
    17  involving standing, stopping, or parking or violations by pedestrians or
    18  bicyclists,  and  except  an adjudication of liability of an owner for a
    19  violation of subdivision (d) of section eleven hundred  eleven  of  this
    20  chapter in accordance with section eleven hundred eleven-a of this chap-
    21  ter  or in accordance with section eleven hundred eleven-d of this chap-
    22  ter, or in accordance with section eleven hundred eleven-e of this chap-
    23  ter, or in accordance with section eleven hundred seventy-four-a of this
    24  chapter, and except an adjudication of  liability  of  an  owner  for  a
    25  violation  of  subdivision  (d) of section eleven hundred eleven of this
    26  chapter in accordance with section eleven hundred eleven-b of this chap-
    27  ter, and except  an  adjudication  in  accordance  with  section  eleven
    28  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    29  restriction as defined in such section, and [expect] except  an  adjudi-
    30  cation of liability of an owner for a violation of subdivision (b), (c),
    31  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    32  accordance with section eleven hundred eighty-b  of  this  chapter,  and
    33  except  an adjudication of liability of an owner for a violation of toll
    34  collection regulations pursuant to section  two  thousand  nine  hundred
    35  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    36  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    37  laws of nineteen hundred fifty, or other than an adjudication of liabil-
    38  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
    39  of  section  eleven  hundred  eighty  of this chapter in accordance with
    40  section eleven hundred eighty-d of this chapter, and except  an  adjudi-
    41  cation of liability of an owner for a violation of subdivision (b), (d),
    42  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    43  ance with section eleven hundred eighty-e of this chapter,  there  shall
    44  be  levied  in  addition  to  any  sentence,  penalty or other surcharge
    45  required or permitted by law, an additional  surcharge  of  twenty-eight
    46  dollars.
    47    §  10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    48  and traffic law, as amended by section 11 of chapter 145 of the laws  of
    49  2019, is amended to read as follows:
    50    a. Notwithstanding any other provision of law, whenever proceedings in
    51  a  court  or  an  administrative  tribunal  of  this  state  result in a
    52  conviction for an offense under this chapter, except a conviction pursu-
    53  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    54  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    55  regulation adopted pursuant to this chapter, except a traffic infraction
    56  involving standing, stopping, or parking or violations by pedestrians or

        S. 4682--A                         53

     1  bicyclists,  and  except  an adjudication of liability of an owner for a
     2  violation of subdivision (d) of section eleven hundred  eleven  of  this
     3  chapter in accordance with section eleven hundred eleven-a of this chap-
     4  ter  or in accordance with section eleven hundred eleven-d of this chap-
     5  ter, or in accordance with section eleven hundred eleven-e of this chap-
     6  ter, or in accordance with section eleven hundred seventy-four-a of this
     7  chapter, and except an adjudication of  liability  of  an  owner  for  a
     8  violation  of  subdivision  (d) of section eleven hundred eleven of this
     9  chapter in accordance with section eleven hundred eleven-b of this chap-
    10  ter, and except  an  adjudication  in  accordance  with  section  eleven
    11  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    12  restriction as defined in such section, and [expect] except  an  adjudi-
    13  cation of liability of an owner for a violation of subdivision (b), (c),
    14  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    15  accordance with section eleven hundred eighty-b  of  this  chapter,  and
    16  except  an  adjudication  of  liability  of  an owner for a violation of
    17  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    18  this  chapter in accordance with section eleven hundred eighty-e of this
    19  chapter, and except an adjudication of  liability  of  an  owner  for  a
    20  violation  of  toll collection regulations pursuant to section two thou-
    21  sand nine hundred eighty-five of the public authorities law or  sections
    22  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    23  of the laws of nineteen hundred fifty, there shall be levied in addition
    24  to  any  sentence,  penalty  or other surcharge required or permitted by
    25  law, an additional surcharge of twenty-eight dollars.
    26    § 10-b. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    27  and  traffic  law,  as separately amended by section 11-a of chapter 145
    28  and section 10-a of chapter 148 of the laws of 2019, is amended to  read
    29  as follows:
    30    a. Notwithstanding any other provision of law, whenever proceedings in
    31  a  court  or  an  administrative  tribunal  of  this  state  result in a
    32  conviction for an offense under this chapter, except a conviction pursu-
    33  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    34  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    35  regulation adopted pursuant to this chapter, except a traffic infraction
    36  involving standing, stopping, or parking or violations by pedestrians or
    37  bicyclists,  and  except  an adjudication of liability of an owner for a
    38  violation of subdivision (d) of section eleven hundred  eleven  of  this
    39  chapter in accordance with section eleven hundred eleven-a of this chap-
    40  ter  or in accordance with section eleven hundred eleven-d of this chap-
    41  ter or in accordance with section eleven hundred eleven-e of this  chap-
    42  ter, or in accordance with section eleven hundred seventy-four-a of this
    43  chapter,  and  except  an adjudication in accordance with section eleven
    44  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    45  restriction  as  defined  in such section, and except an adjudication of
    46  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    47  or  (g)  of  section eleven hundred eighty of this chapter in accordance
    48  with section eleven hundred eighty-b of  this  chapter,  and  except  an
    49  adjudication  of  liability  of  an owner for a violation of subdivision
    50  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    51  ter in accordance with section eleven hundred eighty-d of this  chapter,
    52  and  except  an adjudication of liability of an owner for a violation of
    53  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    54  this  chapter in accordance with section eleven hundred eighty-e of this
    55  chapter, and except an adjudication of  liability  of  an  owner  for  a
    56  violation  of  toll collection regulations pursuant to section two thou-

        S. 4682--A                         54

     1  sand nine hundred eighty-five of the public authorities law or  sections
     2  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     3  of the laws of nineteen hundred fifty, there shall be levied in addition
     4  to  any  sentence,  penalty  or other surcharge required or permitted by
     5  law, an additional surcharge of twenty-eight dollars.
     6    § 10-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
     7  and  traffic  law,  as separately amended by section 11-b of chapter 145
     8  and section 10-b of chapter 148 of the laws of 2019, is amended to  read
     9  as follows:
    10    a. Notwithstanding any other provision of law, whenever proceedings in
    11  a  court  or  an  administrative  tribunal  of  this  state  result in a
    12  conviction for an offense under this chapter, except a conviction pursu-
    13  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    14  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    15  regulation adopted pursuant to this chapter, except a traffic infraction
    16  involving standing, stopping, or parking or violations by pedestrians or
    17  bicyclists,  and  except  an adjudication of liability of an owner for a
    18  violation of subdivision (d) of section eleven hundred  eleven  of  this
    19  chapter in accordance with section eleven hundred eleven-a of this chap-
    20  ter  or in accordance with section eleven hundred eleven-d of this chap-
    21  ter or in accordance with section eleven hundred eleven-e of this  chap-
    22  ter, or in accordance with section eleven hundred seventy-four-a of this
    23  chapter,  and  except  an  adjudication  of  liability of an owner for a
    24  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    25  hundred eighty of this chapter in accordance with section eleven hundred
    26  eighty-b  of this chapter, and except an adjudication of liability of an
    27  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    28  section eleven hundred eighty of this chapter in accordance with section
    29  eleven  hundred  eighty-d of this chapter, and except an adjudication of
    30  liability of an owner for a violation of subdivision (b),  (d),  (f)  or
    31  (g)  of section eleven hundred eighty of this chapter in accordance with
    32  section eleven hundred eighty-e of this chapter, and except  an  adjudi-
    33  cation of liability of an owner for a violation of toll collection regu-
    34  lations pursuant to section two thousand nine hundred eighty-five of the
    35  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    36  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    37  fifty, there shall be levied in addition to  any  sentence,  penalty  or
    38  other surcharge required or permitted by law, an additional surcharge of
    39  twenty-eight dollars.
    40    §  10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    41  and traffic law, as separately amended by section 11-c  of  chapter  145
    42  and  section 10-c of chapter 148 of the laws of 2019, is amended to read
    43  as follows:
    44    a. Notwithstanding any other provision of law, whenever proceedings in
    45  a court or  an  administrative  tribunal  of  this  state  result  in  a
    46  conviction for an offense under this chapter, except a conviction pursu-
    47  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    48  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    49  regulation adopted pursuant to this chapter, except a traffic infraction
    50  involving standing, stopping, or parking or violations by pedestrians or
    51  bicyclists, and except an adjudication of liability of an  owner  for  a
    52  violation  of  subdivision  (d) of section eleven hundred eleven of this
    53  chapter in accordance with section eleven hundred eleven-a of this chap-
    54  ter or in accordance with section eleven hundred eleven-d of this  chap-
    55  ter  or in accordance with section eleven hundred eleven-e of this chap-
    56  ter, or in accordance with section eleven hundred seventy-four-a of this

        S. 4682--A                         55

     1  chapter, and except an adjudication of  liability  of  an  owner  for  a
     2  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
     3  hundred eighty of this chapter in accordance with section eleven hundred
     4  eighty-d  of this chapter, and except an adjudication of liability of an
     5  owner for a violation of subdivision (b), (d), (f)  or  (g)  of  section
     6  eleven  hundred eighty of this chapter in accordance with section eleven
     7  hundred eighty-e of this chapter, and except an adjudication of  liabil-
     8  ity  of an owner for a violation of toll collection regulations pursuant
     9  to section two thousand nine hundred eighty-five of the public  authori-
    10  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    11  hundred  seventy-four of the laws of nineteen hundred fifty, there shall
    12  be levied in addition  to  any  sentence,  penalty  or  other  surcharge
    13  required  or  permitted  by law, an additional surcharge of twenty-eight
    14  dollars.
    15    § 10-e. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    16  and  traffic  law,  as separately amended by section 11-e of chapter 145
    17  and section 10-e of chapter 148 of the laws of 2019, is amended to  read
    18  as follows:
    19    a. Notwithstanding any other provision of law, whenever proceedings in
    20  a  court  or  an  administrative  tribunal  of  this  state  result in a
    21  conviction for an offense under this chapter, except a conviction pursu-
    22  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    23  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    24  regulation adopted pursuant to this chapter, except a traffic infraction
    25  involving standing, stopping, or parking or violations by pedestrians or
    26  bicyclists,  and  except  an adjudication of liability of an owner for a
    27  violation of subdivision (d) of section eleven hundred  eleven  of  this
    28  chapter in accordance with section eleven hundred eleven-a of this chap-
    29  ter  or in accordance with section eleven hundred eleven-e of this chap-
    30  ter, and except an adjudication of liability of an owner for a violation
    31  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    32  eighty  of this chapter in accordance with section eleven hundred eight-
    33  y-d of this chapter, and except an adjudication of liability of an owner
    34  for a violation of subdivision (b), (d), (f) or (g)  of  section  eleven
    35  hundred eighty of this chapter in accordance with section eleven hundred
    36  eighty-e  of  this chapter, or in accordance with section eleven hundred
    37  seventy-four-a of this chapter, and except an adjudication of  liability
    38  of  an  owner for a violation of toll collection regulations pursuant to
    39  section two thousand nine hundred eighty-five of the public  authorities
    40  law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
    41  hundred seventy-four of the laws of nineteen hundred fifty, there  shall
    42  be  levied  in  addition  to  any  sentence,  penalty or other surcharge
    43  required or permitted by law, an additional  surcharge  of  twenty-eight
    44  dollars.
    45    §  10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    46  and traffic law, as separately amended by section 11-f  of  chapter  145
    47  and  section 10-f of chapter 148 of the laws of 2019, is amended to read
    48  as follows:
    49    a. Notwithstanding any other provision of law, whenever proceedings in
    50  a court or  an  administrative  tribunal  of  this  state  result  in  a
    51  conviction for an offense under this chapter, except a conviction pursu-
    52  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    53  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    54  regulation adopted pursuant to this chapter, except a traffic infraction
    55  involving standing, stopping, or parking or violations by pedestrians or
    56  bicyclists, and except an adjudication of liability of an  owner  for  a

        S. 4682--A                         56

     1  violation  of  subdivision  (d) of section eleven hundred eleven of this
     2  chapter in accordance with section eleven hundred eleven-a of this chap-
     3  ter and except an adjudication of liability of an owner for a  violation
     4  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
     5  this chapter in accordance with section eleven hundred eighty-e of  this
     6  chapter,  or in accordance with section eleven hundred seventy-four-a of
     7  this chapter, and except an adjudication of liability of an owner for  a
     8  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
     9  hundred eighty of this chapter in accordance with section eleven hundred
    10  eighty-d of this chapter, and except an adjudication of liability of  an
    11  owner for a violation of toll collection regulations pursuant to section
    12  two  thousand  nine hundred eighty-five of the public authorities law or
    13  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    14  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    15  levied in addition to any sentence, penalty or other surcharge  required
    16  or permitted by law, an additional surcharge of twenty-eight dollars.
    17    §  10-g. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    18  and traffic law,  as amended by section 5 of part C of chapter 55 of the
    19  laws of 2013, is amended to read as follows:
    20    a. Notwithstanding any other provision of law, whenever proceedings in
    21  a court or  an  administrative  tribunal  of  this  state  result  in  a
    22  conviction for an offense under this chapter, except a conviction pursu-
    23  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    24  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    25  regulation adopted pursuant to this chapter, except a traffic infraction
    26  involving standing, stopping, or parking or violations by pedestrians or
    27  bicyclists, and except an adjudication of liability of an  owner  for  a
    28  violation  of  subdivision  (d) of section eleven hundred eleven of this
    29  chapter in accordance with section eleven hundred eleven-a of this chap-
    30  ter, and except as an adjudication  of  liability  of  an  owner  for  a
    31  violation  of subdivision (b), (d), (f) or (g) of section eleven hundred
    32  eighty of this chapter in accordance with section eleven hundred  eight-
    33  y-e of this chapter, and except an adjudication of liability of an owner
    34  for  a  violation of toll collection regulations pursuant to section two
    35  thousand nine hundred eighty-five  of  the  public  authorities  law  or
    36  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    37  seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
    38  levied  in addition to any sentence, penalty or other surcharge required
    39  or permitted by law, an additional surcharge of twenty-eight dollars.
    40    § 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
    41  401  of  the vehicle and traffic law, as separately amended by section 8
    42  of chapter 145 and section 11 of chapter 148 of the  laws  of  2019,  is
    43  amended to read as follows:
    44    (i) If at the time of application for a registration or renewal there-
    45  of  there  is  a  certification from a court, parking violations bureau,
    46  traffic and parking violations  agency  or  administrative  tribunal  of
    47  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
    48  jurisdiction that the registrant or his or her representative failed  to
    49  appear  on the return date or any subsequent adjourned date or failed to
    50  comply with the rules and  regulations  of  an  administrative  tribunal
    51  following  entry  of a final decision in response to a total of three or
    52  more summonses or other process in the aggregate, issued within an eigh-
    53  teen month period, charging either that:  (i)  such  motor  vehicle  was
    54  parked, stopped or standing, or that such motor vehicle was operated for
    55  hire  by  the registrant or his or her agent without being licensed as a
    56  motor vehicle for hire by the appropriate local authority, in  violation

        S. 4682--A                         57

     1  of  any of the provisions of this chapter or of any law, ordinance, rule
     2  or regulation made by a local authority;  or  (ii)  the  registrant  was
     3  liable in accordance with section eleven hundred eleven-a, section elev-
     4  en  hundred  eleven-b or section eleven hundred eleven-d of this chapter
     5  for a violation of subdivision (d) of section eleven hundred  eleven  of
     6  this  chapter;  or  (iii)  the  registrant was liable in accordance with
     7  section eleven hundred eleven-c of this chapter for a violation of a bus
     8  lane restriction as defined in such section, or (iv) the registrant  was
     9  liable  in accordance with section eleven hundred eighty-b of this chap-
    10  ter for a violation of subdivision (c) or (d) of section eleven  hundred
    11  eighty  of this chapter, or (vi) the registrant was liable in accordance
    12  with section eleven hundred eleven-e of this chapter for a violation  of
    13  subdivision  (d)  of  section  eleven hundred eleven of this chapter; or
    14  (vii) the registrant  was  liable  in  accordance  with  section  eleven
    15  hundred seventy-four-a of this chapter for a violation of section eleven
    16  hundred seventy-four of this chapter, or (vii) the registrant was liable
    17  in accordance with section eleven hundred eighty-d of this chapter for a
    18  violation  of subdivision (c) or (d) of section eleven hundred eighty of
    19  this chapter, or (viii) the registrant was  liable  in  accordance  with
    20  section  eleven  hundred  eighty-e  of  this  chapter for a violation of
    21  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    22  this chapter, the commissioner or his or her agent shall deny the regis-
    23  tration  or  renewal application until the applicant provides proof from
    24  the court, traffic  and  parking  violations  agency  or  administrative
    25  tribunal  wherein  the  charges are pending that an appearance or answer
    26  has been made or in the case of an administrative tribunal  that  he  or
    27  she has complied with the rules and regulations of said tribunal follow-
    28  ing  entry  of a final decision. Where an application is denied pursuant
    29  to this section, the commissioner may, in his or her discretion, deny  a
    30  registration  or  renewal  application  to any other person for the same
    31  vehicle and may deny a registration or renewal application for any other
    32  motor vehicle registered in the name of the applicant where the  commis-
    33  sioner  has  determined  that such registrant's intent has been to evade
    34  the purposes of this subdivision and where the commissioner has  reason-
    35  able  grounds to believe that such registration or renewal will have the
    36  effect of defeating the purposes of this subdivision. Such denial  shall
    37  only  remain in effect as long as the summonses remain unanswered, or in
    38  the case of an administrative tribunal, the registrant fails  to  comply
    39  with the rules and regulations following entry of a final decision.
    40    §  11-a. Subparagraph (i) of paragraph a of subdivision 5-a of section
    41  401 of the vehicle and traffic law, as amended by section 8  of  chapter
    42  145 of the laws of 2019, is amended to read as follows:
    43    (i) If at the time of application for a registration or renewal there-
    44  of  there  is  a  certification from a court, parking violations bureau,
    45  traffic and parking violations  agency  or  administrative  tribunal  of
    46  appropriate  jurisdiction  or [adminstrative] administrative tribunal of
    47  appropriate jurisdiction that the registrant or  his  or  her  represen-
    48  tative  failed  to appear on the return date or any subsequent adjourned
    49  date or failed to comply with the rules and regulations of  an  adminis-
    50  trative  tribunal  following  entry of a final decision in response to a
    51  total of three or more summonses or  other  process  in  the  aggregate,
    52  issued  within  an eighteen month period, charging either that: (i) such
    53  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    54  cle  was operated for hire by the registrant or his or her agent without
    55  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    56  authority,  in  violation of any of the provisions of this chapter or of

        S. 4682--A                         58

     1  any law, ordinance, rule or regulation made by  a  local  authority;  or
     2  (ii) the registrant was liable in accordance with section eleven hundred
     3  eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
     4  eleven-d  of  this chapter for a violation of subdivision (d) of section
     5  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
     6  liable  in accordance with section eleven hundred eleven-c of this chap-
     7  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
     8  section,  or  (iv)  the registrant was liable in accordance with section
     9  eleven hundred eighty-b of this chapter for a violation  of  subdivision
    10  (c) or (d) of section eleven hundred eighty of this chapter, or (vi) the
    11  registrant was liable in accordance with section eleven hundred eleven-e
    12  of  this  chapter  for  a violation of subdivision (d) of section eleven
    13  hundred eleven of this chapter; or (vii) the registrant  was  liable  in
    14  accordance  with  section  eleven hundred seventy-four-a of this chapter
    15  for a violation of section eleven hundred seventy-four of this  chapter,
    16  or  (viii)  the  registrant was liable in accordance with section eleven
    17  hundred eighty-e of this chapter for a  violation  of  subdivision  (b),
    18  (d),  (f)  or  (g) of section eleven hundred eighty of this chapter, the
    19  commissioner or his or her agent shall deny the registration or  renewal
    20  application  until  the applicant provides proof from the court, traffic
    21  and parking violations agency or  administrative  tribunal  wherein  the
    22  charges are pending that an appearance or answer has been made or in the
    23  case  of an administrative tribunal that he or she has complied with the
    24  rules and regulations of said tribunal following entry of a final  deci-
    25  sion.  Where  an  application  is  denied  pursuant to this section, the
    26  commissioner may, in his or  her  discretion,  deny  a  registration  or
    27  renewal  application  to  any  other person for the same vehicle and may
    28  deny a registration or renewal application for any other  motor  vehicle
    29  registered  in  the  name  of  the  applicant where the commissioner has
    30  determined that such registrant's intent has been to evade the  purposes
    31  of this subdivision and where the commissioner has reasonable grounds to
    32  believe  that  such  registration  or  renewal  will  have the effect of
    33  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    34  remain  in  effect as long as the summonses remain unanswered, or in the
    35  case of an administrative tribunal, the registrant fails to comply  with
    36  the rules and regulations following entry of a final decision.
    37    §  11-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    38  and traffic law, as separately amended by section 8-a of chapter 145  of
    39  the laws of 2019 and section 11-a of chapter 148 of the laws of 2019. is
    40  amended to read as follows:
    41    a. If at the time of application for a registration or renewal thereof
    42  there  is  a  certification  from  a court or administrative tribunal of
    43  appropriate jurisdiction that the registrant or  his  or  her  represen-
    44  tative  failed  to appear on the return date or any subsequent adjourned
    45  date or failed to comply with the rules and regulations of  an  adminis-
    46  trative  tribunal  following  entry of a final decision in response to a
    47  total of three or more summonses or  other  process  in  the  aggregate,
    48  issued  within  an eighteen month period, charging either that: (i) such
    49  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    50  cle  was operated for hire by the registrant or his or her agent without
    51  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    52  authority,  in  violation of any of the provisions of this chapter or of
    53  any law, ordinance, rule or regulation made by  a  local  authority;  or
    54  (ii) the registrant was liable in accordance with section eleven hundred
    55  eleven-b  of  this chapter for a violation of subdivision (d) of section
    56  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was

        S. 4682--A                         59

     1  liable  in accordance with section eleven hundred eleven-c of this chap-
     2  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
     3  section;  or  (iv)  the registrant was liable in accordance with section
     4  eleven  hundred  eleven-d of this chapter for a violation of subdivision
     5  (d) of section eleven hundred eleven of this chapter; or (v) the  regis-
     6  trant  was  liable in accordance with section eleven hundred eighty-b of
     7  this chapter for a violation of subdivision (b),  (d),  (f)  or  (g)  of
     8  section  eleven  hundred eighty of this chapter ; or (vi) the registrant
     9  was liable in accordance with section eleven hundred  eleven-e  of  this
    10  chapter  for  a  violation  of subdivision (d) of section eleven hundred
    11  eleven of this chapter; or (vii) the registrant was liable in accordance
    12  with section  eleven  hundred  seventy-four-a  of  this  chapter  for  a
    13  violation  of  section  eleven  hundred seventy-four of this chapter; or
    14  [(vii)] (viii) the registrant was  liable  in  accordance  with  section
    15  eleven  hundred  eighty-d of this chapter for a violation of subdivision
    16  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    17  ter; or (ix) the registrant was liable in accordance with section eleven
    18  hundred eighty-e of this chapter for a  violation  of  subdivision  (b),
    19  (d),  (f)  or  (g) of section eleven hundred eighty of this chapter, the
    20  commissioner or his or her agent shall deny the registration or  renewal
    21  application  until the applicant provides proof from the court or admin-
    22  istrative tribunal wherein the charges are pending that an appearance or
    23  answer has been made or in the case of an administrative  tribunal  that
    24  he  or  she has complied with the rules and regulations of said tribunal
    25  following entry of a final decision.  Where  an  application  is  denied
    26  pursuant   to  this  section,  the  commissioner  may,  in  his  or  her
    27  discretion, deny a registration or  renewal  application  to  any  other
    28  person  for  the  same  vehicle  and  may deny a registration or renewal
    29  application for any other motor vehicle registered in the  name  of  the
    30  applicant  where  the commissioner has determined that such registrant's
    31  intent has been to evade the purposes of this subdivision and where  the
    32  commissioner has reasonable grounds to believe that such registration or
    33  renewal  will have the effect of defeating the purposes of this subdivi-
    34  sion. Such denial shall only remain in effect as long as  the  summonses
    35  remain  unanswered,  or  in  the case of an administrative tribunal, the
    36  registrant fails to comply with  the  rules  and  regulations  following
    37  entry of a final decision.
    38    §  11-c.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    39  and traffic law, as separately amended by section 8-b of chapter 145 and
    40  section 11-b of chapter 148 of the laws of 2019, is amended to  read  as
    41  follows:
    42    a. If at the time of application for a registration or renewal thereof
    43  there  is  a  certification  from  a court or administrative tribunal of
    44  appropriate jurisdiction that the registrant or  his  or  her  represen-
    45  tative  failed  to appear on the return date or any subsequent adjourned
    46  date or failed to comply with the rules and regulations of  an  adminis-
    47  trative  tribunal  following  entry  of  a final decision in response to
    48  three or more summonses or other  process,  issued  within  an  eighteen
    49  month  period, charging that: (i) such motor vehicle was parked, stopped
    50  or standing, or that such motor vehicle was operated  for  hire  by  the
    51  registrant or his or her agent without being licensed as a motor vehicle
    52  for  hire by the appropriate local authority, in violation of any of the
    53  provisions of this chapter or of any law, ordinance, rule or  regulation
    54  made  by a local authority; or (ii) the registrant was liable in accord-
    55  ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
    56  violation of a bus lane restriction as defined in such section; or (iii)

        S. 4682--A                         60

     1  the  registrant  was  liable  in  accordance with section eleven hundred
     2  eleven-d of this chapter for a violation of subdivision (d)  of  section
     3  eleven hundred eleven of this chapter; or (iv) the registrant was liable
     4  in accordance with section eleven hundred eighty-b of this chapter for a
     5  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
     6  hundred eighty of this chapter,[,]  or  the  registrant  was  liable  in
     7  accordance  with  section  eleven hundred eighty-d of this chapter for a
     8  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
     9  hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
    10  accordance with section eleven hundred eleven-e of this  chapter  for  a
    11  violation  of  subdivision  (d) of section eleven hundred eleven of this
    12  chapter; or (vi) the registrant was liable in  accordance  with  section
    13  eleven  hundred  eighty-e of this chapter for a violation of subdivision
    14  (b), (d), (f) or (g) of section eleven hundred eighty of  this  chapter;
    15  or  (vii)  the  registrant  was liable in accordance with section eleven
    16  hundred seventy-four-a of this chapter for a violation of section eleven
    17  hundred seventy-four of this chapter, the commissioner  or  his  or  her
    18  agent  shall  deny  the  registration  or  renewal application until the
    19  applicant provides proof from the court or administrative tribunal wher-
    20  ein the charges are pending that an appearance or answer has  been  made
    21  or in the case of an administrative tribunal that he or she has complied
    22  with  the  rules  and  regulations of said tribunal following entry of a
    23  final decision. Where an application is denied pursuant to this section,
    24  the commissioner may, in his or her discretion, deny a  registration  or
    25  renewal  application  to  any  other person for the same vehicle and may
    26  deny a registration or renewal application for any other  motor  vehicle
    27  registered  in  the  name  of  the  applicant where the commissioner has
    28  determined that such registrant's intent has been to evade the  purposes
    29  of this subdivision and where the commissioner has reasonable grounds to
    30  believe  that  such  registration  or  renewal  will  have the effect of
    31  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    32  remain  in  effect as long as the summonses remain unanswered, or in the
    33  case of an administrative tribunal, the registrant fails to comply  with
    34  the rules and regulations following entry of a final decision.
    35    §  11-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    36  and traffic law, as separately amended by section 8-c of chapter 145 and
    37  section 11-c of chapter 148 of the laws of 2019, is amended to  read  as
    38  follows:
    39    a. If at the time of application for a registration or renewal thereof
    40  there  is  a  certification  from  a court or administrative tribunal of
    41  appropriate jurisdiction that the registrant or  his  or  her  represen-
    42  tative  failed  to appear on the return date or any subsequent adjourned
    43  date or failed to comply with the rules and regulations of  an  adminis-
    44  trative  tribunal  following  entry  of  a final decision in response to
    45  three or more summonses or other  process,  issued  within  an  eighteen
    46  month  period, charging that: (i) such motor vehicle was parked, stopped
    47  or standing, or that such motor vehicle was operated  for  hire  by  the
    48  registrant or his or her agent without being licensed as a motor vehicle
    49  for  hire by the appropriate local authority, in violation of any of the
    50  provisions of this chapter or of any law, ordinance, rule or  regulation
    51  made  by a local authority; or (ii) the registrant was liable in accord-
    52  ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
    53  violation  of  subdivision  (d) of section eleven hundred eleven of this
    54  chapter; or (iii) the registrant was liable in accordance  with  section
    55  eleven  hundred  eighty-b  of this chapter for violations of subdivision
    56  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-

        S. 4682--A                         61

     1  ter,[,] or the registrant was liable in accordance with  section  eleven
     2  hundred eighty-d of this chapter for violations of subdivision (b), (c),
     3  (d),  (f)  or  (g)  of section eleven hundred eighty of this chapter; or
     4  (iv) the registrant was liable in accordance with section eleven hundred
     5  eleven-e  of  this chapter for a violation of subdivision (d) of section
     6  eleven hundred eleven of this chapter; or (v)  the registrant was liable
     7  in accordance with section eleven hundred eighty-e of this chapter for a
     8  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
     9  eighty  of this chapter; or (vi) the registrant was liable in accordance
    10  with section  eleven  hundred  seventy-four-a  of  this  chapter  for  a
    11  violation  of  section  eleven hundred seventy-four of this chapter, the
    12  commissioner or his or her agent shall deny the registration or  renewal
    13  application  until the applicant provides proof from the court or admin-
    14  istrative tribunal wherein the charges are pending that an appearance or
    15  answer has been made or in the case of an administrative  tribunal  that
    16  he  or  she has complied with the rules and regulations of said tribunal
    17  following entry of a final decision.  Where  an  application  is  denied
    18  pursuant   to  this  section,  the  commissioner  may,  in  his  or  her
    19  discretion, deny a registration or  renewal  application  to  any  other
    20  person  for  the  same  vehicle  and  may deny a registration or renewal
    21  application for any other motor vehicle registered in the  name  of  the
    22  applicant  where  the commissioner has determined that such registrant's
    23  intent has been to evade the purposes of this subdivision and where  the
    24  commissioner has reasonable grounds to believe that such registration or
    25  renewal  will have the effect of defeating the purposes of this subdivi-
    26  sion. Such denial shall only remain in effect as long as  the  summonses
    27  remain  unanswered,  or  in  the case of an administrative tribunal, the
    28  registrant fails to comply with  the  rules  and  regulations  following
    29  entry of a final decision.
    30    §  11-e.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    31  and traffic law, as separately amended by section 8-d of chapter 145 and
    32  section 11-d of chapter 148 of the laws of 2019, is amended to  read  as
    33  follows:
    34    a. If at the time of application for a registration or renewal thereof
    35  there  is  a  certification  from  a court or administrative tribunal of
    36  appropriate jurisdiction that the registrant or  his  or  her  represen-
    37  tative  failed  to appear on the return date or any subsequent adjourned
    38  date or failed to comply with the rules and regulations of  an  adminis-
    39  trative  tribunal  following  entry  of  a final decision in response to
    40  three or more summonses or other  process,  issued  within  an  eighteen
    41  month  period,  charging  that such motor vehicle was parked, stopped or
    42  standing, or that such motor vehicle was operated for hire by the regis-
    43  trant or his or her agent without being licensed as a motor vehicle  for
    44  hire  by  the  appropriate  local  authority, in violation of any of the
    45  provisions of this chapter or of any law, ordinance, rule or  regulation
    46  made  by  a  local authority, or the registrant was liable in accordance
    47  with section eleven hundred eighty-d of this chapter for  violations  of
    48  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    49  of this chapter, or the registrant was liable in accordance with section
    50  eleven hundred eleven-d of this chapter for a violation  of  subdivision
    51  (d)  of section eleven hundred eleven of this chapter, or the registrant
    52  was liable in accordance with section eleven hundred  eleven-e  of  this
    53  chapter  for  a  violation  of subdivision (d) of section eleven hundred
    54  eleven of this chapter, or the registrant was liable in accordance  with
    55  section  eleven  hundred  eighty-e  of  this  chapter for a violation of
    56  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of

        S. 4682--A                         62

     1  this  chapter,  or  the registrant was liable in accordance with section
     2  eleven hundred seventy-four-a of this chapter for a violation of section
     3  eleven hundred seventy-four of this chapter, the commissioner or his  or
     4  her  agent  shall deny the registration or renewal application until the
     5  applicant provides proof from the court or administrative tribunal wher-
     6  ein the charges are pending that an appearance or answer has  been  made
     7  or in the case of an administrative tribunal that he or she has complied
     8  with  the  rules  and  regulations of said tribunal following entry of a
     9  final decision. Where an application is denied pursuant to this section,
    10  the commissioner may, in his or her discretion, deny a  registration  or
    11  renewal  application  to  any  other person for the same vehicle and may
    12  deny a registration or renewal application for any other  motor  vehicle
    13  registered  in  the  name  of  the  applicant where the commissioner has
    14  determined that such registrant's intent has been to evade the  purposes
    15  of this subdivision and where the commissioner has reasonable grounds to
    16  believe  that  such  registration  or  renewal  will  have the effect of
    17  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    18  remain  in  effect as long as the summonses remain unanswered, or in the
    19  case of an administrative tribunal, the registrant fails to comply  with
    20  the rules and regulations following entry of a final decision.
    21    §  11-f.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    22  and traffic law, as separately amended by section 8-f of chapter 145 and
    23  section 11-f of chapter 148 of the laws of 2019, is amended to  read  as
    24  follows:
    25    a. If at the time of application for a registration or renewal thereof
    26  there  is  a  certification  from  a court or administrative tribunal of
    27  appropriate jurisdiction that the registrant or  his  or  her  represen-
    28  tative  failed  to appear on the return date or any subsequent adjourned
    29  date or failed to comply with the rules and regulations of  an  adminis-
    30  trative  tribunal  following  entry  of  a final decision in response to
    31  three or more summonses or other  process,  issued  within  an  eighteen
    32  month  period,  charging  that such motor vehicle was parked, stopped or
    33  standing, or that such motor vehicle was operated for hire by the regis-
    34  trant or his or her agent without being licensed as a motor vehicle  for
    35  hire  by  the  appropriate  local  authority, in violation of any of the
    36  provisions of this chapter or of any law, ordinance, rule or  regulation
    37  made  by  a  local authority, or the registrant was liable in accordance
    38  with section eleven hundred eighty-d of this chapter for  violations  of
    39  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    40  of this chapter, or the registrant was liable in accordance with section
    41  eleven hundred eleven-e of this chapter for a violation  of  subdivision
    42  (d)  of section eleven hundred eleven of this chapter, or the registrant
    43  was liable in accordance with section eleven hundred  eighty-e  of  this
    44  chapter  for  a violation of subdivision (b), (d), (f) or (g) of section
    45  eleven hundred eighty of this chapter, or the registrant was  liable  in
    46  accordance  with  section  eleven hundred seventy-four-a of this chapter
    47  for a violation of section eleven hundred seventy-four of this  chapter,
    48  the  commissioner  or  his  or  her agent shall deny the registration or
    49  renewal application until the applicant provides proof from the court or
    50  administrative tribunal wherein the charges are pending that an  appear-
    51  ance  or answer has been made or in the case of an administrative tribu-
    52  nal that he has complied with the rules and regulations of said tribunal
    53  following entry of a final decision.  Where  an  application  is  denied
    54  pursuant   to  this  section,  the  commissioner  may,  in  his  or  her
    55  discretion, deny a registration or  renewal  application  to  any  other
    56  person  for  the  same  vehicle  and  may deny a registration or renewal

        S. 4682--A                         63

     1  application for any other motor vehicle registered in the  name  of  the
     2  applicant  where  the commissioner has determined that such registrant's
     3  intent has been to evade the purposes of this subdivision and where  the
     4  commissioner has reasonable grounds to believe that such registration or
     5  renewal  will have the effect of defeating the purposes of this subdivi-
     6  sion. Such denial shall only remain in effect as long as  the  summonses
     7  remain  unanswered,  or  in  the case of an administrative tribunal, the
     8  registrant fails to comply with  the  rules  and  regulations  following
     9  entry of a final decision.
    10    §  11-g.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    11  and traffic law, as separately amended by section 8-g of chapter 145 and
    12  section 11-g of chapter 148 of the laws of 2019, is amended to  read  as
    13  follows:
    14    a. If at the time of application for a registration or renewal thereof
    15  there  is  a  certification  from  a court or administrative tribunal of
    16  appropriate jurisdiction that the registrant or  his  or  her  represen-
    17  tative  failed  to appear on the return date or any subsequent adjourned
    18  date or failed to comply with the rules and regulations of  an  adminis-
    19  trative  tribunal  following  entry  of  a final decision in response to
    20  three or more summonses or other  process,  issued  within  an  eighteen
    21  month  period,  charging  that such motor vehicle was parked, stopped or
    22  standing, or that such motor vehicle was operated for hire by the regis-
    23  trant or his or her agent without being licensed as a motor vehicle  for
    24  hire  by  the  appropriate  local  authority, in violation of any of the
    25  provisions of this chapter or of any law, ordinance, rule or  regulation
    26  made  by  a  local authority, or the registrant was liable in accordance
    27  with section  eleven  hundred  seventy-four-a  of  this  chapter  for  a
    28  violation of section eleven hundred seventy-four of this chapter, or the
    29  registrant was liable in accordance with section eleven hundred eighty-d
    30  of  this chapter for violations of subdivision (b), (c), (d), (f) or (g)
    31  of section eleven hundred eighty of this chapter, or the registrant  was
    32  liable  in accordance with section eleven hundred eighty-e of this chap-
    33  ter for a violation of subdivision (b), (d), (f) or (g) of section elev-
    34  en hundred eighty of this chapter, the commissioner or his or her  agent
    35  shall  deny  the registration or renewal application until the applicant
    36  provides proof from the court or  administrative  tribunal  wherein  the
    37  charges are pending that an appearance or answer has been made or in the
    38  case  of an administrative tribunal that he or she has complied with the
    39  rules and regulations of said tribunal following entry of a final  deci-
    40  sion.  Where  an  application  is  denied  pursuant to this section, the
    41  commissioner may, in his or  her  discretion,  deny  a  registration  or
    42  renewal  application  to  any  other person for the same vehicle and may
    43  deny a registration or renewal application for any other  motor  vehicle
    44  registered  in  the  name  of  the  applicant where the commissioner has
    45  determined that such registrant's intent has been to evade the  purposes
    46  of this subdivision and where the commissioner has reasonable grounds to
    47  believe  that  such  registration  or  renewal  will  have the effect of
    48  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    49  remain  in  effect as long as the summonses remain unanswered, or in the
    50  case of an administrative tribunal, the registrant fails to comply  with
    51  the rules and regulations following entry of a final decision.
    52    §  11-h.  Paragraph a of subdivision 5-a of section 401 of the vehicle
    53  and traffic law, as separately amended by chapters 339 and  592  of  the
    54  laws of 1987, is amended to read as follows:
    55    a. If at the time of application for a registration or renewal thereof
    56  there  is  a  certification  from  a court or administrative tribunal of

        S. 4682--A                         64

     1  appropriate jurisdiction that the registrant or  his  or  her  represen-
     2  tative  failed  to appear on the return date or any subsequent adjourned
     3  date or failed to comply with the rules and regulations of  an  adminis-
     4  trative  tribunal  following  entry  of  a final decision in response to
     5  three or more summonses or other  process,  issued  within  an  eighteen
     6  month  period,  charging  that such motor vehicle was parked, stopped or
     7  standing, or that such motor vehicle was operated for hire by the regis-
     8  trant or his or her agent without being licensed as a motor vehicle  for
     9  hire  by  the  appropriate  local  authority, in violation of any of the
    10  provisions of this chapter or of any law, ordinance, rule or  regulation
    11  made  by  a  local authority, or the registrant was liable in accordance
    12  with section eleven hundred eighty-e of this chapter for a violation  of
    13  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    14  this chapter, the commissioner or his or her agent shall deny the regis-
    15  tration or renewal application until the applicant provides  proof  from
    16  the  court  or  administrative  tribunal wherein the charges are pending
    17  that an appearance or answer has been made or in the case of an adminis-
    18  trative tribunal that he or she has complied with the  rules  and  regu-
    19  lations  of  said tribunal following entry of a final decision. Where an
    20  application is denied pursuant to this section, the commissioner may, in
    21  his or her discretion, deny a registration or renewal application to any
    22  other person for the same vehicle and may deny a registration or renewal
    23  application for any other motor vehicle registered in the  name  of  the
    24  applicant  where  the commissioner has determined that such registrant's
    25  intent has been to evade the purposes of this subdivision and where  the
    26  commissioner has reasonable grounds to believe that such registration or
    27  renewal  will have the effect of defeating the purposes of this subdivi-
    28  sion. Such denial shall only remain in effect as long as  the  summonses
    29  remain  unanswered,  or  in  the case of an administrative tribunal, the
    30  registrant fails to comply with  the  rules  and  regulations  following
    31  entry of a final decision.
    32    §  12.  The  general  municipal law is amended by adding a new section
    33  371-a to read as follows:
    34    § 371-a. Additional jurisdiction and procedure related to the  adjudi-
    35  cation  of  certain  notices  of  liability. A traffic violations bureau
    36  established pursuant to  subdivision  one  and  a  traffic  and  parking
    37  violations  agency  established  pursuant  to subdivision two of section
    38  three hundred seventy-one of this article may be authorized  to  adjudi-
    39  cate the liability of owners for violations of subdivision (b), (d), (f)
    40  or  (g)  of section eleven hundred eighty of the vehicle and traffic law
    41  pursuant to a demonstration  program  established  pursuant  to  section
    42  eleven  hundred  eighty-e  of the vehicle and traffic law, in accordance
    43  with the provisions of this article.
    44    § 13. Section 1803 of the vehicle and traffic law is amended by adding
    45  two new subdivisions 11 and 12 to read as follows:
    46    11. Except as otherwise provided in paragraph e of subdivision one  of
    47  this section, where the commissioner of transportation has established a
    48  demonstration  program  imposing  monetary  liability  on the owner of a
    49  vehicle for failure of an operator thereof to  comply  with  subdivision
    50  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    51  accordance  with  section  eleven  hundred eighty-e of this chapter, any
    52  fine or penalty collected by a court, judge, magistrate or other officer
    53  for an imposition of liability which occurs  pursuant  to  such  program
    54  shall  be paid to the state comptroller within the first ten days of the
    55  month following collection. Every such payment shall be accompanied by a
    56  statement in such form and detail as the comptroller shall provide.  The

        S. 4682--A                         65

     1  comptroller shall pay eighty percent of any such fine or penalty imposed
     2  for  such  liability to the commissioner in accordance with the schedule
     3  below, and twenty percent of any such fine or penalty to the city,  town
     4  or village in which the violation giving rise to the liability occurred.
     5  All  fines,  penalties  and  forfeitures paid to a city, town or village
     6  pursuant to the provisions of this subdivision shall be credited to  the
     7  general  fund of such city, town or village, unless a different disposi-
     8  tion is prescribed by charter, special  law,  local  law  or  ordinance.
     9  With respect to the percentage of fines or penalties paid to the commis-
    10  sioner, no less than sixty percent shall be dedicated to work zone safe-
    11  ty  projects  after  deducting  the expenses necessary to administer the
    12  demonstration program, provided that funds  provided  pursuant  to  this
    13  subdivision  shall  only  be used to supplement and not supplant current
    14  expenditures of state or local funds on work zone safety  projects.  For
    15  purposes  of this subdivision, "work zone safety projects" shall include
    16  but not be limited to work zone safety enforcement, work zone  markings,
    17  radar  speed display signs, and police monitoring of work zones pursuant
    18  to section twenty-two of the transportation law. Monies payable from the
    19  commissioner shall be payable on the audit  and  warrant  of  the  comp-
    20  troller.
    21    12.  Except as otherwise provided in paragraph e of subdivision one of
    22  this section, where the chair of the New York  state  thruway  authority
    23  has  established  a demonstration program imposing monetary liability on
    24  the owner of a vehicle for failure of an operator thereof to comply with
    25  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of
    26  this  chapter in accordance with section eleven hundred eighty-e of this
    27  chapter, any fine or penalty collected by a court, judge, magistrate  or
    28  other  officer  for  an imposition of liability which occurs pursuant to
    29  such program shall be paid to the state comptroller within the first ten
    30  days of the month following collection.  Every  such  payment  shall  be
    31  accompanied  by  a  statement in such form and detail as the comptroller
    32  shall provide. The comptroller shall pay eighty percent of any such fine
    33  or penalty imposed for  such  liability  to  the  thruway  authority  in
    34  accordance  with the schedule below, and twenty percent of any such fine
    35  or penalty to the city, town or village in which  the  violation  giving
    36  rise  to  the liability occurred.  For the purposes of this subdivision,
    37  the term "thruway authority" shall  mean  the  New  York  state  thruway
    38  authority,  a  body  corporate  and politic constituting a public corpo-
    39  ration created and constituted pursuant to title nine of article two  of
    40  the public authorities law. All fines, penalties and forfeitures paid to
    41  a  city,  town or village pursuant to the provisions of this subdivision
    42  shall be credited to the general fund of such  city,  town  or  village,
    43  unless  a  different disposition is prescribed by  charter, special law,
    44  local law or ordinance.   With respect to the  percentage  of  fines  or
    45  penalties  paid  to  the  thruway  authority, no less than sixty percent
    46  shall be dedicated to improving work zone safety projects after  deduct-
    47  ing  the  expenses  necessary  to  administer the demonstration program,
    48  provided that funds provided pursuant to this subdivision shall only  be
    49  used  to  supplement  and  not supplant current expenditures of state or
    50  local funds on work zone safety projects. For purposes of this  subdivi-
    51  sion,  "work  zone  safety projects" shall include but not be limited to
    52  work zone safety enforcement, work zone markings,  radar  speed  display
    53  signs,  and  police monitoring of work zones pursuant to section twenty-
    54  two of the transportation law.  Monies  payable  from  the  commissioner
    55  shall be payable on the audit and warrant of the comptroller.

        S. 4682--A                         66

     1    §  14.  Subdivision  2  of  section  87  of the public officers law is
     2  amended by adding a new paragraph (r) to read as follows:
     3    (r)  are  photographs,  microphotographs,  videotape or other recorded
     4  images prepared under the authority of section eleven  hundred  eighty-e
     5  of the vehicle and traffic law.
     6    §  15.  The purchase or lease of equipment for a demonstration program
     7  pursuant to section 1180-e of the  vehicle  and  traffic  law  shall  be
     8  subject to the provisions of section 103 of the general municipal law.
     9    §  16.    For  the  purpose of informing and educating owners of motor
    10  vehicles in this state, an  agency  or  authority  authorized  to  issue
    11  notices  of  liability  pursuant  to  the  provisions of this act shall,
    12  during the first thirty-day period in which the photo violation monitor-
    13  ing systems are in operation pursuant to the  provisions  of  this  act,
    14  issue  a  written warning in lieu of a notice of liability to all owners
    15  of motor vehicles who would be held  liable  for  failure  of  operators
    16  thereof to comply with subdivision (b), (d), (f) or (g) of section elev-
    17  en  hundred  eighty  of  the  vehicle and traffic law in accordance with
    18  section eleven hundred eighty-e of the vehicle and traffic law.
    19    § 17. This act shall take effect on the thirtieth day after  it  shall
    20  have  become  a  law  and shall expire 5 years after such effective date
    21  when upon such date the provisions of this act shall be deemed repealed;
    22  and provided further that any rules necessary for the implementation  of
    23  this  act  on  its effective date shall be promulgated on or before such
    24  effective date, provided that:
    25    (a) the amendments to subdivision 1 of section 235 of the vehicle  and
    26  traffic law made by section one of this act shall not affect the expira-
    27  tion  of such section and shall be deemed to expire therewith, when upon
    28  such date the provisions of section one-a of this act shall take effect;
    29    (a-1) the amendments to section 235 of the  vehicle  and  traffic  law
    30  made  by  section  one-a  of this act shall not affect the expiration of
    31  such section and shall be deemed to expire  therewith,  when  upon  such
    32  date the provisions of section one-b of this act shall take effect;
    33    (a-2)  the  amendments  to  section 235 of the vehicle and traffic law
    34  made by section one-b of this act shall not  affect  the  expiration  of
    35  such  section  and  shall  be deemed to expire therewith, when upon such
    36  date the provisions of section one-c of this act shall take effect;
    37    (a-3) the amendments to section 235 of the  vehicle  and  traffic  law
    38  made  by  section  one-c  of this act shall not affect the expiration of
    39  such section and shall be deemed to expire  therewith,  when  upon  such
    40  date the provisions of section one-d of this act shall take effect;
    41    (a-4)  the  amendments  to  section 235 of the vehicle and traffic law
    42  made by section one-d of this act shall not  affect  the  expiration  of
    43  such  section  and  shall  be deemed to expire therewith, when upon such
    44  date the provisions of section one-e of this act shall take effect;
    45    (a-5) the amendments to section 235 of the  vehicle  and  traffic  law
    46  made  by  section  one-e  of this act shall not affect the expiration of
    47  such section and shall be deemed to expire  therewith,  when  upon  such
    48  date the provisions of section one-f of this act shall take effect;
    49    (a-6)  the  amendments  to  section 235 of the vehicle and traffic law
    50  made by section one-f of this act shall not  affect  the  expiration  of
    51  such  section  and  shall  be deemed to expire therewith, when upon such
    52  date the provisions of section one-g of this act shall take effect;
    53    (a-7) the amendments to section 235 of the  vehicle  and  traffic  law
    54  made  by  section  one-g  of this act shall not affect the expiration of
    55  such section and shall be deemed to expire  therewith,  when  upon  such
    56  date the provisions of section one-h of this act shall take effect;

        S. 4682--A                         67

     1    (a-8)  the  amendments  to  section 235 of the vehicle and traffic law
     2  made by section one-h of this act shall not  affect  the  expiration  of
     3  such  section  and  shall  be deemed to expire therewith, when upon such
     4  date the provisions of section one-i of this act shall take effect;
     5    (b)  the amendments to subdivision 1 of section 236 of the vehicle and
     6  traffic law made by section two of this act shall not affect the expira-
     7  tion of such subdivision and shall be deemed to expire  therewith,  when
     8  upon  such  date  the provisions of section two-a of this act shall take
     9  effect;
    10    (b-1) the amendments to subdivision 1 of section 236  of  the  vehicle
    11  and  traffic  law made by section two-a of this act shall not affect the
    12  expiration of such subdivision and shall be deemed to expire  therewith,
    13  when  upon  such  date the provisions of section two-b of this act shall
    14  take effect;
    15    (b-2) the amendments to subdivision 1 of section 236  of  the  vehicle
    16  and  traffic  law made by section two-b of this act shall not affect the
    17  expiration of such subdivision and shall be deemed to expire  therewith,
    18  when  upon  such  date the provisions of section two-c of this act shall
    19  take effect;
    20    (b-3) the amendments to subdivision 1 of section 236  of  the  vehicle
    21  and  traffic  law made by section two-c of this act shall not affect the
    22  expiration of such subdivision and shall be deemed to expire  therewith,
    23  when  upon  such  date the provisions of section two-d of this act shall
    24  take effect;
    25    (b-4) the amendments to subdivision 1 of section 236  of  the  vehicle
    26  and  traffic  law made by section two-d of this act shall not affect the
    27  expiration of such subdivision and shall be deemed to expire  therewith,
    28  when  upon  such  date the provisions of section two-e of this act shall
    29  take effect;
    30    (b-5) the amendments to subdivision 1 of section 236  of  the  vehicle
    31  and  traffic  law made by section two-e of this act shall not affect the
    32  expiration of such subdivision and shall be deemed to expire  therewith,
    33  when  upon  such  date the provisions of section two-f of this act shall
    34  take effect;
    35    (b-6) the amendments to subdivision 1 of section 236  of  the  vehicle
    36  and  traffic  law made by section two-f of this act shall not affect the
    37  expiration of such subdivision and shall be deemed to expire  therewith,
    38  when  upon  such  date the provisions of section two-g of this act shall
    39  take effect;
    40    (b-7) the amendments to subdivision 1 of section 236  of  the  vehicle
    41  and  traffic  law made by section two-g of this act shall not affect the
    42  expiration of such subdivision and shall be deemed to expire  therewith,
    43  when  upon  such  date the provisions of section two-h of this act shall
    44  take effect;
    45    (c) the amendments to subdivision 10 of section 237 of the vehicle and
    46  traffic law made by section three of this act shall not affect the expi-
    47  ration of such subdivision and shall be deemed to expire therewith, when
    48  upon such date the provisions of section three-a of this act shall  take
    49  effect;
    50    (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
    51  the  vehicle  and traffic law made by section four of this act shall not
    52  affect the expiration of such paragraph and shall be  deemed  to  expire
    53  therewith,  when upon such date the provisions of section four-a of this
    54  act shall take effect;
    55    (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
    56  the vehicle and traffic law made by section four-a of this act shall not

        S. 4682--A                         68

     1  affect the expiration of such paragraph and shall be  deemed  to  expire
     2  therewith,  when upon such date the provisions of section four-b of this
     3  act shall take effect;
     4    (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
     5  the vehicle and traffic law made by section four-b of this act shall not
     6  affect  the  expiration  of such paragraph and shall be deemed to expire
     7  therewith, when upon such date the provisions of section four-c of  this
     8  act shall take effect;
     9    (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
    10  the vehicle and traffic law made by section four-c of this act shall not
    11  affect  the  expiration  of such paragraph and shall be deemed to expire
    12  therewith, when upon such date the provisions of section four-d of  this
    13  act shall take effect;
    14    (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
    15  the vehicle and traffic law made by section four-d of this act shall not
    16  affect  the  expiration  of such paragraph and shall be deemed to expire
    17  therewith, when upon such date the provisions of section four-e of  this
    18  act shall take effect;
    19    (c-6) the amendments to paragraph f of subdivision 1 of section 239 of
    20  the vehicle and traffic law made by section four-e of this act shall not
    21  affect  the  expiration  of such paragraph and shall be deemed to expire
    22  therewith, when upon such date the provisions of section four-f of  this
    23  act shall take effect;
    24    (c-7) the amendments to paragraph f of subdivision 1 of section 239 of
    25  the vehicle and traffic law made by section four-f of this act shall not
    26  affect  the  expiration  of such paragraph and shall be deemed to expire
    27  therewith, when upon such date the provisions of section four-g of  this
    28  act shall take effect;
    29    (c-8) the amendments to paragraph f of subdivision 1 of section 239 of
    30  the vehicle and traffic law made by section four-g of this act shall not
    31  affect  the  expiration  of such paragraph and shall be deemed to expire
    32  therewith, when upon such date the provisions of section four-h of  this
    33  act shall take effect;
    34    (d)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    35  vehicle and traffic law made by section  five  of  this  act  shall  not
    36  affect the expiration of such subdivisions and shall be deemed to expire
    37  therewith,  when upon such date the provisions of section five-a of this
    38  act shall take effect;
    39    (d-1) the amendments to subdivisions 1 and 1-a of section 240  of  the
    40  vehicle  and  traffic  law  made by section five-a of this act shall not
    41  affect the expiration of such subdivisions and shall be deemed to expire
    42  therewith, when upon such date the provisions of section five-b of  this
    43  act shall take effect;
    44    (d-2)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    45  vehicle and traffic law made by section five-b of  this  act  shall  not
    46  affect the expiration of such subdivisions and shall be deemed to expire
    47  therewith,  when upon such date the provisions of section five-c of this
    48  act shall take effect;
    49    (d-3) the amendments to subdivisions 1 and 1-a of section 240  of  the
    50  vehicle  and  traffic  law  made by section five-c of this act shall not
    51  affect the expiration of such subdivisions and shall be deemed to expire
    52  therewith, when upon such date the provisions of section five-d of  this
    53  act shall take effect;
    54    (d-4)  the  amendments to subdivisions 1 and 1-a of section 240 of the
    55  vehicle and traffic law made by section five-d of  this  act  shall  not
    56  affect the expiration of such subdivisions and shall be deemed to expire

        S. 4682--A                         69

     1  therewith,  when upon such date the provisions of section five-e of this
     2  act shall take effect;
     3    (d-5)  the  amendments to subdivisions 1 and 1-a of section 240 of the
     4  vehicle and traffic law made by section five-e of  this  act  shall  not
     5  affect the expiration of such subdivisions and shall be deemed to expire
     6  therewith,  when upon such date the provisions of section five-f of this
     7  act shall take effect;
     8    (d-6) the amendments to subdivisions 1 and 1-a of section 240  of  the
     9  vehicle  and  traffic  law  made by section five-f of this act shall not
    10  affect the expiration of such subdivisions and shall be deemed to expire
    11  therewith, when upon such date the provisions of section five-g of  this
    12  act shall take effect;
    13    (d-7)  the  amendments  to subdivision 1 of section 240 of the vehicle
    14  and traffic law made by section five-g of this act shall not affect  the
    15  expiration  of such subdivision and shall be deemed to expire therewith,
    16  when upon such date the provisions of section five-h of this  act  shall
    17  take effect;
    18    (d-8)  the amendments to subdivision 1-a of section 240 of the vehicle
    19  and traffic law made by section five-h of this act shall not affect  the
    20  expiration  of such subdivision and shall be deemed to expire therewith,
    21  when upon such date the provisions of section five-i of this  act  shall
    22  take effect;
    23    (e)  the  amendments to paragraphs a and g of subdivision 2 of section
    24  240 of the vehicle and traffic law made by section six of this act shall
    25  not affect the expiration of such paragraphs  and  shall  be  deemed  to
    26  expire therewith, when upon such date the provisions of section six-a of
    27  this act shall take effect;
    28    (e-1) the amendments to paragraphs a and g of subdivision 2 of section
    29  240  of  the  vehicle  and traffic law made by section six-a of this act
    30  shall not affect the expiration of such paragraphs and shall  be  deemed
    31  to expire therewith, when upon such date the provisions of section six-b
    32  of this act shall take effect;
    33    (e-2) the amendments to paragraphs a and g of subdivision 2 of section
    34  240  of  the  vehicle  and traffic law made by section six-b of this act
    35  shall not affect the expiration of such paragraphs and shall  be  deemed
    36  to expire therewith, when upon such date the provisions of section six-c
    37  of this act shall take effect;
    38    (e-3) the amendments to paragraphs a and g of subdivision 2 of section
    39  240  of  the  vehicle  and traffic law made by section six-c of this act
    40  shall not affect the expiration of such paragraphs and shall  be  deemed
    41  to expire therewith, when upon such date the provisions of section six-d
    42  of this act shall take effect;
    43    (e-4) the amendments to paragraphs a and g of subdivision 2 of section
    44  240  of  the  vehicle  and traffic law made by section six-d of this act
    45  shall not affect the expiration of such paragraphs and shall  be  deemed
    46  to expire therewith, when upon such date the provisions of section six-e
    47  of this act shall take effect;
    48    (e-5) the amendments to paragraphs a and g of subdivision 2 of section
    49  240  of  the  vehicle  and traffic law made by section six-e of this act
    50  shall not affect the expiration of such paragraphs and shall  be  deemed
    51  to expire therewith, when upon such date the provisions of section six-f
    52  of this act shall take effect;
    53    (e-6) the amendments to paragraphs a and g of subdivision 2 of section
    54  240  of  the  vehicle  and traffic law made by section six-f of this act
    55  shall not affect the expiration of such paragraphs and shall  be  deemed

        S. 4682--A                         70

     1  to expire therewith, when upon such date the provisions of section six-g
     2  of this act shall take effect;
     3    (e-7) the amendments to paragraphs a and g of subdivision 2 of section
     4  240  of  the  vehicle  and traffic law made by section six-g of this act
     5  shall not affect the expiration of such paragraphs and shall  be  deemed
     6  to expire therewith, when upon such date the provisions of section six-h
     7  of this act shall take effect;
     8    (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
     9  cle  and  traffic law made by section seven of this act shall not affect
    10  the expiration of such subdivisions and shall be deemed to expire there-
    11  with, when upon such date the provisions of section seven-a of this  act
    12  shall take effect;
    13    (f-1)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    14  vehicle and traffic law made by section seven-a of this  act  shall  not
    15  affect the expiration of such subdivisions and shall be deemed to expire
    16  therewith, when upon such date the provisions of section seven-b of this
    17  act shall take effect;
    18    (f-2)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    19  vehicle and traffic law made by section seven-b of this  act  shall  not
    20  affect the expiration of such subdivisions and shall be deemed to expire
    21  therewith, when upon such date the provisions of section seven-c of this
    22  act shall take effect;
    23    (f-3)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    24  vehicle and traffic law made by section seven-c of this  act  shall  not
    25  affect the expiration of such subdivisions and shall be deemed to expire
    26  therewith, when upon such date the provisions of section seven-d of this
    27  act shall take effect;
    28    (f-4)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    29  vehicle and traffic law made by section seven-d of this  act  shall  not
    30  affect the expiration of such subdivisions and shall be deemed to expire
    31  therewith, when upon such date the provisions of section seven-e of this
    32  act shall take effect;
    33    (f-5)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    34  vehicle and traffic law made by section seven-e of this  act  shall  not
    35  affect the expiration of such subdivisions and shall be deemed to expire
    36  therewith, when upon such date the provisions of section seven-f of this
    37  act shall take effect;
    38    (f-6)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    39  vehicle and traffic law made by section seven-f of this  act  shall  not
    40  affect the expiration of such subdivisions and shall be deemed to expire
    41  therewith, when upon such date the provisions of section seven-g of this
    42  act shall take effect;
    43    (f-7)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
    44  vehicle and traffic law made by section seven-g of this  act  shall  not
    45  affect the expiration of such subdivisions and shall be deemed to expire
    46  therewith,  when  upon  such date the provisions of sections seven-h and
    47  seven-i of this act shall take effect;
    48    (g) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    49  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    50  section nine of this act shall not affect the expiration of such section
    51  and shall be deemed  to  expire  therewith,  when  upon  such  date  the
    52  provisions of section nine-a of this act shall take effect;
    53    (g-1)  the  amendments  to  the opening paragraph and paragraph (c) of
    54  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
    55  section  nine-a  of  this  act  shall  not affect the expiration of such

        S. 4682--A                         71

     1  section and shall be deemed to expire therewith, when upon such date the
     2  provisions of section nine-b of this act shall take effect;
     3    (g-2)  the  amendments to subdivision 1 of section 1809 of the vehicle
     4  and traffic law made by section nine-b of this act shall not affect  the
     5  expiration of such section and shall be deemed to expire therewith, when
     6  upon  such  date the provisions of section nine-c of this act shall take
     7  effect;
     8    (g-3) the amendments to subdivision 1 of section 1809 of  the  vehicle
     9  and  traffic law made by section nine-c of this act shall not affect the
    10  expiration of such section and shall be deemed to expire therewith, when
    11  upon such date the provisions of section nine-d of this act  shall  take
    12  effect;
    13    (g-4)  the  amendments to subdivision 1 of section 1809 of the vehicle
    14  and traffic law made by section nine-d of this act shall not affect  the
    15  expiration of such section and shall be deemed to expire therewith, when
    16  upon  such  date the provisions of section nine-e of this act shall take
    17  effect;
    18    (g-5) the amendments to subdivision 1 of section 1809 of  the  vehicle
    19  and  traffic law made by section nine-e of this act shall not affect the
    20  expiration of such section and shall be deemed to expire therewith, when
    21  upon such date the provisions of section nine-f of this act  shall  take
    22  effect;
    23    (g-6)  the  amendments to subdivision 1 of section 1809 of the vehicle
    24  and traffic law made by section nine-f of this act shall not affect  the
    25  expiration of such section and shall be deemed to expire therewith, when
    26  upon  such  date the provisions of section nine-g of this act shall take
    27  effect;
    28    (g-7) the amendments to subdivision 1 of section 1809 of  the  vehicle
    29  and  traffic law made by section nine-g of this act shall not affect the
    30  expiration of such section and shall be deemed to expire therewith, when
    31  upon such date the provisions of section nine-h of this act  shall  take
    32  effect;
    33    (h)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    34  of the vehicle and traffic law made by section ten of this act shall not
    35  affect the expiration of such section and  shall  be  deemed  to  expire
    36  therewith,  when  upon such date the provisions of section ten-a of this
    37  act shall take effect;
    38    (h-1) the amendments to section 1809-e of the vehicle and traffic  law
    39  made  by  section  ten-a  of this act shall not affect the expiration of
    40  such section and shall be deemed to expire  therewith,  when  upon  such
    41  date the provisions of section ten-b of this act shall take effect;
    42    (h-2)  the amendments to section 1809-e of the vehicle and traffic law
    43  made by section ten-b of this act shall not  affect  the  expiration  of
    44  such  section  and  shall  be deemed to expire therewith, when upon such
    45  date the provisions of section ten-c of this act shall take effect;
    46    (h-3) the amendments to section 1809-e of the vehicle and traffic  law
    47  made  by  section  ten-c  of this act shall not affect the expiration of
    48  such section and shall be deemed to expire  therewith,  when  upon  such
    49  date the provisions of section ten-d of this act shall take effect;
    50    (h-4)  the amendments to section 1809-e of the vehicle and traffic law
    51  made by section ten-d of this act shall not  affect  the  expiration  of
    52  such  section  and  shall  be deemed to expire therewith, when upon such
    53  date the provisions of section ten-e of this act shall take effect;
    54    (h-5) the amendments to section 1809-e of the vehicle and traffic  law
    55  made  by  section  ten-e  of this act shall not affect the expiration of

        S. 4682--A                         72

     1  such section and shall be deemed to expire  therewith,  when  upon  such
     2  date the provisions of section ten-f of this act shall take effect;
     3    (h-6)  the amendments to section 1809-e of the vehicle and traffic law
     4  made by section ten-f of this act shall not  affect  the  expiration  of
     5  such  section  and  shall  be deemed to expire therewith, when upon such
     6  date the provisions of section ten-g of this act shall take effect;
     7    (i) the amendments to subparagraph (i) of paragraph a  of  subdivision
     8  5-a  of  of  section  401 of the vehicle and traffic law made by section
     9  eleven of this act shall not affect the expiration of such  section  and
    10  shall  be deemed to expire therewith, when upon such date the provisions
    11  of section eleven-a of this act shall take effect;
    12    (i-1) the amendments to subparagraph (i) of paragraph a of subdivision
    13  5-a of section 401 of the  vehicle  and  traffic  law  made  by  section
    14  eleven-a of this act shall not affect the expiration of such section and
    15  shall  be deemed to expire therewith, when upon such date the provisions
    16  of section eleven-b of this act shall take effect;
    17    (i-2) the amendments to section 401 of the  vehicle  and  traffic  law
    18  made  by section eleven-b of this act shall not affect the expiration of
    19  such section and shall be deemed to expire  therewith,  when  upon  such
    20  date the provisions of section eleven-c of this act shall take effect;
    21    (i-3)  the  amendments  to  section 401 of the vehicle and traffic law
    22  made by section eleven-c of this act shall not affect the expiration  of
    23  such  section  and  shall  be deemed to expire therewith, when upon such
    24  date the provisions of section eleven-d of this act shall take effect;
    25    (i-4) the amendments to section 401 of the  vehicle  and  traffic  law
    26  made  by section eleven-d of this act shall not affect the expiration of
    27  such section and shall be deemed to expire  therewith,  when  upon  such
    28  date the provisions of section eleven-e of this act shall take effect;
    29    (i-5)  the  amendments  to  section 401 of the vehicle and traffic law
    30  made by section eleven-e of this act shall not affect the expiration  of
    31  such  section  and  shall  be deemed to expire therewith, when upon such
    32  date the provisions of section eleven-f of this act shall take effect;
    33    (i-6) the amendments to section 401 of the  vehicle  and  traffic  law
    34  made  by section eleven-f of this act shall not affect the expiration of
    35  such section and shall be deemed to expire  therewith,  when  upon  such
    36  date  the  provisions of section eleven-g of this act shall take effect;
    37  and
    38    (i-7) the amendments to section 401 of the  vehicle  and  traffic  law
    39  made  by section eleven-g of this act shall not affect the expiration of
    40  such section and shall be deemed to expire  therewith,  when  upon  such
    41  date the provisions of section eleven-h of this act shall take effect.
feedback